IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABINAV – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14601 OF 2025 | CRIME NO.853/2025
| Table of Content |
|---|
| 1. nature of accrued charges and context of crime involving narcotics. (Para 2 , 3) |
| 2. counter arguments on the innocence of the accused and implications of false charges. (Para 5) |
| 3. final dismissal of bail application with an allowance for statutory bail application. (Para 7) |
ORDER
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 sole accused in Crime No.853/2025 of Koratty Police Station, Thrissur District. The offences alleged are punishable under Sections 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 .
3. The prosecution case, in short, is that on 26.08.2025 at 18.45 hours, the applicant was illegally found in possession of 1.155 kilograms of ganja near Koratty Railway Station road for the purpose of sale and thereby committed the above said offences.
4. I have heard Sri.Aneesh K.R. 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
26.08.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Moreover, the applicant has criminal antecedents. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.
7. The learned counsel for the applicant submitted that the final report filed within the statutory period was returned as defective, it was not resubmitted within the statutory period and hence, the applicant is entitled for default bail. The applicant is free to move an application before the trial court for statutory bail, if he is so entitled.
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