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B.A.No.3511/2026

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2026/KER/49084

2026:KER:49084

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

MONDAY, THE 6^TH DAY OF JULY 2026 / 15TH ASHADHA, 1948

BAIL APPL. NO. 3511 OF 2026

CRIME NO.549/2026 OF Puthencruz Police Station,

Ernakulam

PETITIONER/ACCUSED NO. 1 TO 3:

1 UPAR ALI, AGED 27 YEARS

S/O SADEK SEKH,DHANIRAMPUR MURSHIDABAD, WEST

BENGAL., PIN - 742149

2 JAHID HASAN, AGED 21 YEARS

S/O SADEK MANDAL,RAIPARA SAHEBANGAR

MURSHIDABAD,WEST BENGAL., PIN - 742149

3 IZAZ AHMED, AGED 24 YEARS

S/O ABARAKUL HAQUE, RAIPARA SAHEBANGAR

MURSHIDABAD,WEST BENGAL., PIN - 742149

BY ADV SMT.N.B.FATHIMA SULFATH

RESPONDENT/STATE/COMPLAINANT:

1 STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF

KERALA, ERNAKULAM,, PIN - 682031

2 STATION HOUSE OFFICER,

PUTHENCRUZ POLICE STATION, ERNAKULAM, KERALA.,

PIN - 682308

SRI.THOMAS SABU VADAKEKUT, PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 06.07.2026, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

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ORDER

This application is filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS)

seeking regular bail.

2. The applicants are the accused Nos. 1 to 3 in

Crime No.549/2026 of Puthencruz Police Station, Ernakulam

District. The offence alleged is punishable under Section 20(b)

(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act,

1985 (for short, the NDPS Act).

3. The prosecution case, in short, is that on

29.05.2026, the applicants were found in possession of 3.010

Kg of Ganja at Kadamattom Kara, Ikkaranadu North Village,

Perumuzhi in contravention of the NDPS Act and thereby

committed the offence.

4. I have heard Smt. Fathima Sulfath N.B., the

learned counsel for the applicants and Sri. Thomas Sabu

Vadakekut, the learned Public Prosecutor. Perused the case

diary.

5. The learned counsel for the applicants

submitted that the applicants are innocent and have been

falsely implicated in the present case. The counsel further

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submitted that no materials are on record to connect the

applicants with the alleged crime; hence, they are 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 applicants, and they are not

entitled to bail at this stage.

6. The applicants were remanded to judicial

custody on 29.5.2026. The investigation is almost over. The

recovery has been effected. The applicants have no criminal

antecedents. For these reasons, I do not find any reason to

hold that the continued detention of the applicants is required

for any purpose. Hence, the applicants are entitled to be

released on bail.

In the result, the application is allowed on the

following conditions: -

(i) The applicants shall be released on bail on

executing a bond for Rs.1,00,000/- (Rupees One lakh only)

each with two solvent sureties for the like sum each to the

satisfaction of the jurisdictional Magistrate/Court.

(ii) One of the sureties shall be from the State

of Kerala.

(iii) The applicants shall fully co-operate with the

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investigation.

(iv) The applicants shall appear before the

investigating officer between 10.00 a.m and 11.00 a.m every

Saturday until further orders. They shall also appear before

the investigating officer as and when required.

(v) The applicants shall not commit any offence

of a like nature while on bail.

(vi) The applicants 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.

(vii) The applicants shall not leave the State of

Kerala without the permission of the trial Court.

(viii) 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