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2026 Supreme(Online)(Ker) 8901

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NOUFIA – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 730 OF 2026 | CRIME NO.1/2026



Advocates:
For the Appellants/Petitioners: Sri.Jaison Antony, Sri.George Varghese, Sri.Junaid K.B., Sri.Semeer M, Sri.Sreejith.V, Sri.Sebastian Mathew
For the Respondents: Smt.Sreeja V., SR. PP

The court emphasized the entitlement to bail when continued detention is unnecessary and conditions can ensure compliance with legal requirements.

Headnote:The applicant seeks bail under Section 483 of the BNSS, 2023, as the sole accused in Crime No.1/2026 for possession of MDMA under the NDPS Act. The prosecution alleges intentional criminal conduct. The court finds continued detention unnecessary due to the applicant's lack of criminal history and nearly complete investigation. Conditions for bail include cooperation with the investigation and non-contact with witnesses. The application is allowed.

Table of Content
1. applicant seeks bail for possession of narcotics. (Para 1 , 2)
2. arguments from both sides regarding bail. (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.1/2026 of Kareelakulangara Police Station, Alappuzha District. The offences alleged are punishable under Sections 22 (b) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ‘the NDPS Act’).

3. The prosecution case, in short, is that on 01.01.2026 at 12.10 p.m., the applicant was found in possession of 7.24 grams of MDMA in contravention of the NDPS Act and Rules and thereby committed the aforementioned offences.

4. I have heard Sri.Jaison Antony, 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, she 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 she is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 01.01.2026. The investigation is almost over and the recovery has already been effected. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose.

Hence, the applicant is entitled to be released on 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. She 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/-

DR. KAUSER EDAPPAGATH JUDGE NP APPENDIX OF BAIL APPL. NO. 730 OF 2026 PETITIONER ANNEXURES Annexure 1 COPY OF THE ORDER DATED 17-01-2026 IN CRL. M.P. NO. 04/2026 OF THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS COURT AT ALAPPUZHA Annexure 2 TRUE COPY OF THE ORDER DATED 17/01/2026 IN CRL.MP NO. 03/2026, OF THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS COURT AT ALAPPUZHA Annexure 3 TRUE COPY OF THE ARREST MEMO SUBMITTED BEFORE THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS COURT AT ALAPPUZHA, DATED

01/01/2026 Annexure 4 TRUE COPY OF THE NOTICE GIVEN UNDER SEC.

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