Bail granted due to lack of evidence and no criminal antecedents; conditions imposed for adherence.

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.2 in Crime No.34/2026 of Hill Palace Police Station, Ernakulam District. The offences alleged are punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

3. The prosecution case, in short, is that the applicant along with accused Nos. 1 to 3 entered into a criminal conspiracy to possess and sell ganja and in furtherance of such conspiracy, were found in possession of 1.270 grams of ganja on 14.1.2026 at 7.25 pm at Flat No.B 3, Block No.22, Star Homes Annex, Chathari, Thripunithura in contravention of the NDPS Act.

4. I have heard Sri. Satheesh Mohanan, 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, he is entitled to bail. On the other hand, the learned 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 14.1.2026. The investigation is almost over. The recovery has been effected. The applicant has no criminal antecedents. The accused No.1 has already been released on bail. 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. He 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 kp APPENDIX OF BAIL APPL. NO. 979 OF 2026 PETITIONER ANNEXURES Annexure -1 THE TRUE COPY OF THE ORDER IN CRL. M.P NO. 2 OF 2026 BEFORE THE COURT OF SESSIONS, ERNAKULAM DATED 03.02.2026