The court concluded that prolonged judicial custody without evidence entitles applicants to statutory bail.

O R D E R

[Bail Appl. Nos.651/2026 & 248/2026]

These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS )

seeking regular bail.

2. The applicant in B.A. No.651/2026 is accused No.3 and the applicant in B.A. No.248/2026 is accused No.2 in Crime No.850/2025 of Cherpu Police Station, Thrissur District. The offences alleged are punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

3. The prosecution case, in short, is that on 09.10.2025 at 17.45 hours, accused No.1 was found in possession of 11.659 grams of MDMA in contravention of the NDPS Act and Rules. The allegation against the applicants is that both of them went together, procured the contraband and supplied to accused No.1.

4. I have heard the learned counsel for the applicants and the learned Senior Public Prosecutors. Perused the case diary. 5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Senior Public Prosecutors submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

6. The accused No.3 and accused No.2 were remanded to judicial custody on 11.10.2025 and 09.10.2025 respectively and since then they are in judicial custody. The learned Senior Public Prosecutors submitted that the investigation is going on and final report has not been filed. Since more than 90 days have been elapsed from the date of arrest of the applicants, the applicants are entitled to statutory bail.

In the result, the applications are allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants 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 applicants 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/-

DR. KAUSER EDAPPAGATHJUDGENPAPPENDIX OF BAIL APPL. NO. 651 OF 2026PETITIONER ANNEXURESAnnexure-1 . A TRUE COPY OF THE FIR, DATED 09.10.2025, IN CRIME NO. 850/2025 OF THECHERPU POLICE STATION.