The court ruled that statutory bail is granted when the investigation is pending beyond 60 days post-arrest, despite the nature of the charges.

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 in Crime No.1012/2025 of Feroke Police Station, Kozhikode District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. The prosecution case, in short, is that on 03.12.2025 at 20:20 hours, the applicant was found in possession of 20.48 grams of MDMA in a scooter in contravention of the NDPS Act and Rules and thereby committed the offence.

4. I have heard Sri. M.Devesh, 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 03.12.2025. The learned Senior Public Prosecutor on instructions submits that, on chemical analysis, it was found that the contraband seized is not MDMA, but Methamphetamine. Hence, the quantity involved is intermediate quantity. The learned Senior Public Prosecutor further submitted that investigation continues and final report has not been filed. Since 60 days have elapsed after the arrest of the applicant, he is entitled for statutory 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/-