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2026 Supreme(Online)(Ker) 43864

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
SEBIN MATHEW – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 3712 OF 2026 | CRIME NO.1/2024 OF AGALI EXCISE RANGE OFFICE, PALAKKAD



Advocates:
For the Appellants/Petitioners: Josy Antony
For the Respondents: Thomas Sabu Vadakekut

Regular bail may be granted when the investigation is complete and the final report has been filed, as continued detention is no longer necessary for the purpose of the investigation.

Headnote:The application was filed under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. The accused was alleged to have conspired with others to transport 1.73 kilograms of Ganja in a vehicle for the purpose of sale, leading to the arrest of co-accused. The court noted that the accused had been in judicial custody since February 2026 and the investigation was complete. The primary issue was whether the applicant was entitled to regular bail given the nature of the allegations. The court reasoned that since the investigation is over and the final report has already been filed, there is no reason to hold that the continued detention of the applicant is required for any purpose. In the result, the application is allowed on the following conditions

Table of Content
1. allegations of conspiracy and transport of ganja under the ndps act. (Para 1 , 2 , 3 , 4)
2. contention of innocence versus the state's opposition to bail. (Para 5)
3. grant of bail upon completion of investigation and filing of final report. (Para 6)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

1. 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.4 in Crime No.1/2024 of Excise Range Office, Agali, Palakkad District. The offences alleged are punishable under Sections 20(b)(ii)(B), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prosecution case, in short, is that the applicant, who is the accused No.4 in the above case, conspired with the accused Nos.1 to 3 and brought 1.73 kilograms of Ganja in the Honda City car of the accused No.3 bearing No.KL-63-H-0900 and handed over to the accused Nos.1 and 2 for the purpose of sale, who were caught red handed on the evening of 06.01.2024 at 03:25 p.m., near Arogyamatha School, Kottathara, Agali and thereby committed the above offences.

4. I have heard Sri. Josy Antony, the learned counsel for the applicant and Sri. Thomas Sabu Vadakekut, the learned 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 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 21.02.2026. The investigation is over and the final report has already been filed. 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 not commit any offence of a like nature while on bail.

(iii) 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.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) 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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