1. An application for regular bail was filed by an accused found in possession of contraband at a railway station under the Narcotic Drugs and Psychotropic Substances Act. (Para 1 , 2 , 3 )
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2026 Supreme(Online)(Ker) 68233
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Manowar Hussain – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 6663 OF 2026
Important Points
The court granted regular bail to the accused as the investigation was nearly complete, recovery was effected, and the applicant had no criminal antecedents, making continued detention unnecessary.
Subject
Criminal - Bail
Act Referred
Headnote
(A) Criminal Law - Regular Bail - Narcotic Drugs and Psychotropic Substances Act - Grant of bail where investigation is substantially complete and recovery is effected, and the accused has no prior criminal antecedents. (Para 6)
Issues: Whether the applicant is entitled to be released on regular bail pending trial.
Issues: Whether the applicant is entitled to be released on regular bail pending trial.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Suneesh Kumar R, Rajaneesh S, Rijisha S
For the Respondents: Thomas Sabu Vadakekut
For the Appellants/Petitioners: Suneesh Kumar R, Rajaneesh S, Rijisha S
For the Respondents: Thomas Sabu Vadakekut
Table of Contents
2. The applicant pleaded innocence and lack of evidence, while the prosecution opposed bail, citing the intentional nature of the criminal act. (Para 4 , 5 )
3. The court noted the investigation is near completion, recovery is effective, and the applicant has no prior criminal history, rendering continued detention unnecessary. (Para 6 )
4. Where investigation is substantially complete, recovery is effected, and the accused lacks criminal history, bail should be granted absent a requirement for further detention. (Para 6 )
5. The application for regular bail is allowed, subject to the execution of a bond with solvent sureties and strict compliance with specified conditions. (Para 6 )
6. What factors justify granting regular bail when an accused is charged under the Narcotic Drugs and Psychotropic Substances Act?
Bail is justified when the investigation is substantially complete, recovery of the contraband is already effected, and the applicant has no prior criminal antecedents, provided the court is satisfied that continued detention is not required for the investigation or society's safety. (Para 6 )
O R D E R
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
2. The applicant is the accused No.1 in Crime No.621/2026 of Ernakulam Railway Police Station, Ernakulam District. The offences alleged are punishable under Sections 20(b) (ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case, in short, is that on 08.09.2026 at 04.15 p.m., the accused were found in possession of 14 kilograms of Ganja at platform No.1 of the Ernakulam Junction Railway Station and thereby committed the aforesaid offences.
4. I have heard Sri.Suneesh Kumar R., 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 08.09.2026. The investigation is almost over and 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) One of the sureties shall be from the State of Kerala.
(iii) The applicant shall fully co-operate with the investigation.
(iv) 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.
(v) The applicant shall not commit any offence of a like nature while on bail.
(vi) 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.
(vii) The applicant 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 jurisdictional court. bail at this stage. The bail application, accordingly, is dismissed.
