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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ADHARSH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 445 OF 2026
Based on the provided legal document, the key points are as follows:
The applicant, accused No.1 in Crime No.1103/2025, was involved in an incident where approximately 2.375 kilograms of ganja were found being transported on a motorcycle, which is alleged to be in violation of Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (!) .
The investigation has been substantially completed, and the recovery of the contraband has been effected. The applicant has no prior criminal antecedents (!) .
The court considered the arguments from both sides: the applicant's counsel contended that there is no material connecting the applicant to the crime and that he is innocent, while the prosecution argued otherwise (!) .
The court found that continued detention was not necessary for any purpose, given the lack of criminal history and the progress of the investigation (!) .
The court granted bail to the applicant under the conditions that include executing a bond of Rs.1,00,000 with two solvent sureties, full cooperation with the investigation, regular appearance before the investigating officer, refraining from committing similar offences, not tampering with witnesses or evidence, and not leaving the State of Kerala without permission (!) (!) (!) (!) (!) (!) .
The bail conditions can be modified or canceled if violated, through an application to the appropriate court (!) .
The order was passed after considering the case diary, the arguments of counsel, and the absence of criminal antecedents, leading to the conclusion that bail was appropriate (!) (!) (!) .
These points summarize the court’s reasoning and the conditions imposed for bail, reflecting the legal principles applied in this case.
| Table of Content |
|---|
| 1. allegations of drug transport (Para 2 , 3) |
| 2. court's consideration for bail grant (Para 4) |
| 3. arguments on bail eligibility (Para 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.1103/2025 of Kollengode Police Station, Palakkad District. The offences alleged are punishable under Sections 20 (b)(ii)(B)
and 29 of the Narcotic Drugs and Psychotropic Substances Act .
3. The prosecution case, in short, is that on 02.12.2025 at 15.58 hours, at Aattayampathy, the accused Nos. 1 to 3 were found transporting 2.375 kilogram of ganja in a motorcycle bearing registration No.KL-09-AJ-9180 from Govindapuram side to Kollengode side in contravention of the NDPS Act and thereby committed the offences.
4. I have heard Sri.Sarath M.S., the learned counsel for the applicant and Sri.K.A.Noushad, 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
02.12.2025. 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. 445 OF 2026 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.1103/2025 OF KOLLENGODE POLICE STATION DATED 02-12-2025 ANNEXURE A2 A TRUE COPY OF THE ORDER IN CRL.M.C.
NO.5332/2025 IN THE COURT OF SESSION, PALAKKAD DATED 09-01-2026
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