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2025 Supreme(Online)(Ker) 58362
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALEE KRISHNA S., J
MUHAMMED SADIQ P A – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14638 OF 2025 | CRIME NO.152/2025
For the Appellants/Petitioners: SRI.AJEESH M UMMER
For the Respondents: PP ADV. M.P PRASANTH
The court allows bail when there is no immediate trial necessity and conditions help mitigate risks.
Headnote:This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner was arrested on 04.11.2025 for possessing MDMA. The court determines no necessity for further detention as the accused has been in custody since the arrest and the quantity falls under intermediate category. The court observes the grant of bail is justified based on these facts. The application is allowed with specified conditions.
| Table of Content |
|---|
| 1. accused arrested for possession of drugs. (Para 2) |
| 2. opposing counsel presents arguments regarding bail conditions. (Para 5 , 6) |
| 3. court determines appropriate considerations for granting bail. (Para 7) |
| 4. conditions for bail approval articulated. (Para 8) |
O R D E R
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the 1st accused in Crime No.152/2025 of Excise Range Office, Muvattupuzha, Ernakulam; registered for the offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, ‘NDPS Act’].
3. The prosecution case is that, on
04.11.2025, the accused was found in possession of 5.683 grams of MDMA and thereby committed the offences alleged. Petitioner was arrested on
04.11.2025 and he has been in custody since then.
4. Heard the learned Counsel appearing for the petitioner as well as the learned Public Prosecutor.
5. The learned Counsel for the petitioner submitted that the third accused in the crime was already granted bail as per the order dated 18.12.2025 in Bail Application No.14470/2025. The petitioner is also in judicial custody from the very same date ie. 04.11.2025. The counsel also submitted that the petitioner is ready to cooperate with the investigation and abide by all the conditions that will be imposed by this Court.
6. The learned Public Prosecutor opposed the bail application and submitted that the releasing of the petitioner may lead to repetition of the offence.
7. The perusal of the records would show that the accused No.3 involved in the crime was already granted bail by this Court as mentioned above. Since the nature of the contraband seized is found to be MDMA and the quantity of 5.683 grams fall under the category of intermediate quantity, the rigour under Section 37 of the NDPS Act does not apply. As the petitioner has been in custody from 04.11.2025 and as there is no possibility of an immediate trial, I am of the view that his further detention is not necessary.
8. In the result, this bail application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
