Court grants bail where the accused is falsely implicated and not in possession of contraband, despite previous criminal records.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.4 in Crime No.1154/2025 of Kovalam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 8 (c), 22(b) and 25 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).

3. The prosecution case, in short, is that accused Nos. 1 to

4 hatched up a conspiracy to procure Methamphetamine and conduct illicit sale to earn more money. Thereafter accused Nos.1 and 2 visited Bangalore and procured the Methamphetamine having a quantity of 14.034 grams using the location forwarded from the mobile phone of accused No.3. On 19.09.2025, at about 7:20 a.m., accused Nos.1 and 2 were found in conscious possession and carrying the same on a motorcycle bearing registration No.KL 63 H 5576. It is alleged that there was mobile phone communication and money transactions between accused Nos. 1, 3 and 4 during the relevant period. Accused Nos.1 and 2 were arrested on 09.10.2025 and the contraband item was seized by Kovalam police complying with the statutory formalities. Thus, the accused is alleged to have committed the aforesaid offences.

4. I have heard Sri.G.Ranju Mohan, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

09.10.2025. The investigation is almost over. The formal arrest of the applicant was recorded on 19.09.2025 and since then he has been in judicial custody. Admittedly, no contraband was seized from the possession of the applicant. The allegation against him is that he and the remaining accused procured the contraband. It is true that the applicant has criminal antecedents and he is involved in 12 other cases. However, out of the same, only one pertains to the NDPS Act. Considering the fact that the quantity involved is an intermediate quantity and that the applicant has been in custody for the last more than three months, I am of the view that the applicant can be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-