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2026 Supreme(Online)(Ker) 5077

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABDUL RAHEEM – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 246 OF 2026 | CRIME NO.123/2023



Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: SRI.K.A. NOUSHAD

A bail application was rejected due to the seriousness of the charges and prior similar offenses.

Headnote:This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail. The applicant, accused No. 1 in Crime No.123/2023, contended no materials connect him with the crime, but the court found the accusation serious due to prior similar offence involvement. The court stated, 'he is not entitled to be released on bail' (paragraphs 2-6). The court framed the issue of bail eligibility and assessed the culpability based on the applicant's criminal history. The final outcome was 'The bail application, accordingly, is dismissed.'

Table of Content
1. facts regarding the bail application and serious narcotic charges. (Para 2)
2. arguments regarding false implication and need for bail. (Para 4 , 5)
3. court's decision based on previous similar offenses. (Para 6)

O R D E R

Dated this the 29th day of January, 2026 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.123/2023 of Kottakkal Police Station, Malappuram District. The offences alleged are punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

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

28.01.2023 at about 20.20 hours, 3.284 kgs of ganja were found in room No.403 of Fathima Palace Lodge at Kottakal, wherein accused Nos.1 and 2 were staying, and thereby committed the aforementioned offences.

4. I have heard Sri. P.Mohamed Sabah, 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 04.07.2023. 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. The applicant was once granted bail by this Court, but his bail was cancelled and he was re-arrested since he was involved in a similar offence. Since the applicant has involved in a similar offence during bail, he is not entitled to be released on bail. The bail application, accordingly, is dismissed.

Sd/-

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