Bail can be granted when there are no grounds for continued detention, especially if applicants have no prior criminal record.

ORDER

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

seeking regular bail.

2. The applicants are the accused Nos. 1 and 2 in Crime No. 1800/2025 of Kuruppampady Police Station, Ernakulam District. The offences alleged are punishable under Sections 21(b), 8(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, the NDPS Act).

3. The prosecution case, in short, is that on

25.11.2025 at 7 pm, the applicants were found travelling in an autorickshaw bearing registration No.KL-41T-8273 near MGM school, Kuruppampady and on search, 12.250 gms of Heroin were found in a polyethene cover kept inside the elastic of the pant worn by the applicant No.1 in contravention of the NDPS Act and Rules.

4. I have heard Sri. Francis Assisi, the learned counsel for the applicants and Smt. Sreeja V., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on 25.11.2025. The investigation is over and final report has already been filed. The applicants have no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

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

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

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

(iii) The applicants 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.

(iv) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(v) 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/-

DR. KAUSER EDAPPAGATH JUDGE kp