The court ruled that when the investigation is nearly complete and the accused has been in custody for a significant period, bail may be granted under reasonable conditions.

C.S.DIAS, J.

---------------------------------------------

Bail Appl. No.14861 of 2025 ------------------------------------------------

Dated this the 8^th day of January, 2026 ORDER The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, by the sole accused in Crime No.2566/2025 registered by the Muvattupuzha Police Station, Ernakulam, alleging the commission of offence punishable under Section s 20 (b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act , 1985. The petitioner was arrested and remanded to judicial custody on 19.11.2025.

2. The gist of the prosecution case is that: on

19.11.2025, at around 12:15 PM, the accused was found in conscious possession of 1.235 kilograms of ganja. The accused was arrested on the spot with the contraband article. Thus, the accused has committed the above offence.

3. I have heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. In any given case, the petitioner has been in judicial custody for nearly two months, the contraband involved in the case is of an intermediate quantity, the investigation in the case is practically complete, and the recovery has been effected. Therefore, the petitioner’s further detention is unnecessary. Hence, the application may be allowed.

5. The learned Public Prosecutor opposed the application. She submits that if the petitioner is let off on bail, there is every likelihood of him committing a similar offence.

Hence, the application may be dismissed.

6. After bestowing my anxious consideration to the facts, the rival submissions made across the Bar, and the materials placed on record, especially on considering the fact that the contraband allegedly seized from the accused is of an intermediate quantity, that the petitioner has been in judicial custody since 19.11.2025, that the investigation in the case is practically complete, and that the recovery has been effected, I am of the view that the petitioner’s further detention is unnecessary. Hence, I hold that the petitioner is entitled to be released on bail.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every alternate Saturday between 9.00 am and 11.00 am till the filing of the complaint (charge- sheet). He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

sd/-

C.S.DIAS, JUDGE rk