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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABOOBAKER SIDDIQ T.M – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 835 OF 2026 | CRIME NO.256/2024
| Table of Content |
|---|
| 1. the applicant was found in possession of illegal narcotics. (Para 2 , 3) |
| 2. arguments presented regarding the applicant's previous offenses. (Para 4 , 5) |
| 3. the court's decision to dismiss the bail application. (Para 6) |
ORDER
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-
arrest bail.
2. The applicant is the accused in Crime No.256/2024 of Vidya Nagar Police Station, Kasargode District. The offence alleged is punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act , 1985.
3. The prosecution case, in short, is that on 09.07.2024 at about 13.50 hours, at a public road situated at a place namely Ancham Mail in Chengala Village, the applicant herein, was found in conscious possession of a total quantity of 3.75 grams of MDMA, while transporting in a motorcyle bearing registration number KL 14B 9672 for illicit sale and thereby committed the offence.
4. I have heard Sri.M.H.Hanis, 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. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
6. The applicant was granted bail by this Court as per the order in B.A. No.7120/2024 dated 10.09.2024 on condition that he shall not commit similar offence. However, he committed similar offence and a crime was registered against him as Crime No.507/2025 of Vidya Nagar Police Station, Kasargode. Therefore, his bail was cancelled, he was arrested and remanded to custody. Since the applicant has committed similar offence while on bail, he cannot be released on bail.
The bail application is, accordingly, dismissed.
Sd/-
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