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2026 Supreme(Online)(Ker) 14769

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHIHABUDHEEN.P – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: SRI.M.C. ASHI

Table of Content
1. bail application filed under bnss. (Para 1 , 2)
2. arguments regarding arrest and grounds notification. (Para 4 , 5)
3. court's observations on grounds of arrest requirement. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. outcome of bail application. (Para 13)

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.5 in Crime No.1131/2025 of Kondotty Police Station, Malappuram 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

05.10.2025, the accused Nos.1 to 7 were found in possession of 152.64 grams of MDMA along with 0.65 grams of Ecstasy, kept in 2 cars bearing Reg. Nos. KL-84-C7458 & KL-84-D-3342 respectively, with the intention of sale, and thereby committed the offences.

4. I have heard Sri.P.Mohamed Sabah, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel appearing for the applicant submitted that the require

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