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2026 Supreme(Online)(Ker) 34714

IN THE HIGH COURT OF KERALA AT ERNAKULAM


2026:KER:41798


BAIL APPL. NO. 3066 OF 2026

CRIME NO.347/2026 OF MUKKOM POLICE STATION, KOZHIKODE


PETITIONER/ACCUSED:

FARHAN ABDULLA V

AGED 33 YEARS, S/O MOYI,

PUTHEDATH THARAVAD HOUSE, ANAYAMKUNU,

KUMARANALLUR P.O., KOZHIKODE,

PIN - 673602


BY ADVS.

SHRI.K.K.SUBEESH

SMT.SRADHA MOHAN


RESPONDENT/STATE:

STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM,

PIN - 682031


BY ADV.

SMT.SREEJA V., SR. PP


PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH


FRIDAY, THE 12TH DAY OF JUNE 2026/22ND JYAISHTA, 1948

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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.347/2026 of Mukkam Police Station, Kozhikode District. The offence alleged is punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’).

3. The prosecution case, in short, is that, on 07.05.2026 at 17:40 hours, a police team intercepted the applicant near Mukkam bus stand while he was riding scooter bearing registration No.KL-57-S-8815. It is alleged that upon disobeying the police signal to stop, the applicant proceeded and was chased and apprehended. It is further alleged that upon search, 1.200 grams of MDMA pill was recovered from the applicant along with the scooter and thereby committed the aforesaid offence.

4. I have heard Sri. K.K.Subeesh, 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 Senior 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 07.05.2026. The investigation is almost over. The recovery has 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. 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.

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