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2026 Supreme(Online)(Ker) 7489

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Dr. Kauser Edappagath, J
Vineesh – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 616 OF 2026 | CRIME NO.789/2025



Advocates:
For the Appellants/Petitioners: Shri K.C. Sudheer
For the Respondents: Shri K.A. Noushad

The court found sufficient grounds to deny bail based on the severity of charges and the applicant's criminal history.

Headnote:This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. The applicant is accused No. 1 in Crime No. 789/2025 and is charged under the NDPS Act for possessing narcotic substances. The court, upon considering the seriousness of the allegations and prior criminal history, denied the bail application. The applicant was contended as being falsely implicated with no material connecting him to the offence, whereas the prosecution argued intentional conduct. The bail application is ultimately dismissed.

Table of Content
1. application for bail filed under bnss. (Para 1 , 2 , 3)
2. arguments regarding innocence and evidence. (Para 4 , 5)

ORDER

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.789/2025 of Pattanakkadu Police Station, Alappuzha District. The offences alleged are punishable under Sections 20 (b)(ii)(A) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, NDPS Act).

3. The prosecution case, in short, is that the applicant along with the other accused persons were found in possession of 1.29 grams of MDMA and 7.41 grams of ganja for sale in contravention of the NDPS Act and Rules and thereby committed the offences.

4. I have heard Sri.Sudheer K. 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 29.12.2025. 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 has criminal antecedents. He is involved in two other crimes of similar nature. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.

The bail application, accordingly, is dismissed.

Sd/-

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