Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 12852

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABHAYDEV – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 362 OF 2026

Advocates:
For the Appellants/Petitioners: SRI.B.SIBI, SMT.KRISHNA S., SMT.SUNI KARUNAKARAN
For the Respondents: SRI.M.C.ASHI, SR.PP

The court ruled that absence of the accused and counsel during proceedings justified dismissal of the bail application for default.

Headnote:This application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks pre-arrest bail for the sole accused in Crime No.132/2025, punishable under Section 22(c) of the NDPS Act. The court determined the applicant's counsel sought adjournment on several occasions and noted that both the counsel and applicant were absent during the hearing. Therefore, it dismissed the bail application for default. Consequently, the ruling is that the bail application is dismissed for default.

Table of Content
1. bail application based on absence of parties. (Para 1 , 2)

O R D E R

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 sole accused in Crime No.132/2025 of Cherthala Excise Range Office, Alappuzha District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ‘the NDPS Act’).

The learned counsel for the applicant sought adjournment on the last three postings. Today, neither the counsel nor the applicant is present. Hence, this bail application is dismissed for default.

Sd/-

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2026 Supreme(Online)(Ker) 12852

IN THE HIGH COURT OF KERALA AT ERNAKULAMDR. KAUSER EDAPPAGATH, JABHAYDEV – AppellantVersusSTATE OF KERALA – RespondentBAIL APPL. NO. 362 OF 2026

The court ruled that absence of the accused and counsel during proceedings justified dismissal of the bail application for default.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABHAYDEV – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 362 OF 2026