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2026 Supreme(Online)(Ker) 5000

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SARFARAZ K. – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 88 OF 2026 | CRIME NO.108/2025



Advocates:
For the Appellants/Petitioners: SRI.P.C.MUHAMMED NOUSHIQ
For the Respondents: SMT.SREEJA V.

Court determined entitlement to bail due to insufficient grounds for continued detention pending investigation.

Headnote:This judgment examines a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addressing alleged possession of methamphetamine. The applicant contends innocence, while prosecution claims intentional crime connection. Court found insufficient grounds for continued detention, thus granting bail with specific conditions.

Result: Application allowed on conditions.

Table of Content
1. arguments presented by both parties regarding bail eligibility. (Para 4 , 5)

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.1. in Crime No.108 of

2025 of Iritty Excise Range Office, Kannur District. The offence alleged is punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act , 1985(for short 'NDPS Act') 3. The prosecution case, in short, is that at about 20 hours on 10.12.2025, the applicant was found in conscious possession and transportation of 22 grams of methamphetamine in a Toyota Glanza car bearing registration No.KL-13-AT-9016 at Koottupuzha, Vilamana amsom desom, Iritty Taluk in violation of the provisions of the NDPS Act and thereby committed the offence.

4. I have heard Sri.P.C.Muhammed Noushiq, the learned counsel for the applicant and Smt.Sreeja V., 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

11.12.2025. The investigation is almost over. The recovery has been effected. The applicant does not have any criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to 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/-

DR.KAUSER EDAPPAGATH, JUDGE AS APPENDIX OF BAIL APPL. NO. 88 OF 2026 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER DATED 29.12.2025 IN CRL.M.P. NO. 2258 OF 2025 ON THE FILES OF SPECIAL JUDGE (NDPS ACT CASES), VATAKARA

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