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2026 Supreme(Online)(Ker) 6601

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ARSHAD – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 526 OF 2026 | CRIME NO.1770/2023



Advocates:
For the Appellants/Petitioners: SRI.P.RAKESH THAMBAN
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

The court emphasizes the connection between serious allegations and the applicant's history of similar offenses, dismissing bail on grounds of past conduct.

Headnote:This application arises under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the applicant implicated in Crime No.1770/2023 under the NDPS Act. The applicant argues innocence and lack of evidence connecting him to the crime. However, given prior similar offenses and the serious nature of the allegations, the court finds a premised act indicative of the applicant's guilt. The court dismisses the bail application firmly due to these considerations. The core issue presented is whether the applicant is entitled to bail considering his previous bond violations and serious accusations against him. The court highlights the need for careful consideration when the criminal background and severity of charges are apparent. The court's reasoning emphasizes the applicant's past offenses under the same act that resulted in previous bail cancellations. Ultimately, the court concludes: 'The bail application, accordingly, is dismissed.'

Table of Content
1. nature of the case and accusations. (Para 2)
2. arguments 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 sole accused in Crime No.1770/2023 of Hosdurg Police Station, Kasargod District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, NDPS Act).

3. The prosecution case, in short, is that on 20.12.2023 at 12:50 hours at Athinjal, the applicant was found transporting 26.9 grams of MDMA in a car bearing no.KL 14 Y 4131.

4. I have heard Sri.P.Rakesh Thamban, 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

20.05.2025. 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. The applicant was granted bail by the Sessions Court. While on bail, the applicant was involved in two other crimes of similar nature under the NDPS Act. Hence, his bail was cancelled, he was re-arrested and sent to judicial custody on 11.03.2025. Since the applicant has committed two other crimes of similar nature during bail, he cannot be released on bail.

The bail application, accordingly, is dismissed.

Sd/-

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