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
| 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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