IN THE HIGH COURT OF KERALA AT ERNAKULAM
2026/KER/56675
2026:KER:56675
BAIL APPL. NO. 4020 OF 2026
CRIME NO.286/2026 OF SREEKANDAPURAM POLICE STATION, KANNUR
PETITIONER/ACCUSED:
LATHEEF K.K
AGED 46 YEARS, S/O ABDULLA N,
KUNHIKKANDY HOUSE NO. 293, MUKKADATH, CHENGALAYI AMSOM,
KANNUR, PIN - 670631
BY ADVS.
SHRI.K.K.SUBEESH
SHRI.SUNIL KUMAR PUTHANPURAYIL
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SMT.ANEEDA BEEGUM, SR. PP
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 28TH DAY OF JULY 2026/6TH SRAVANA, 1948
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.07.2026, 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.
The applicant is the sole accused in Crime No.286/2026 of Sreekandapuram Police Station, Kannur District. The offence alleged is punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’).
The prosecution case, in short, is that, at 17:20 hours on 12.06.2026, the applicant was found in conscious possession of 4.523 grams of MDMA in a bus-waiting shelter at Cherankunnu, Chengalayi amsom and thereby committed the aforesaid offence.
I have heard Sri. K.K.Subeesh, the learned counsel for the applicant and Smt. Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.
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.
The applicant was remanded to judicial custody on 13.06.2026. 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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