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Judgment
This is the second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the accused No.3 in Crime No.951/2025 of Balussery Police Station, Kozhikode District. The offence alleged is punishable under Section 22(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).
The prosecution case, in short, is that the applicant along with the remaining accused are part of a drug trafficking syndicate. They conspired together for the transportation and sale of narcotic drug and in pursuance of the said conspiracy at about 12.30 hours on 20.08.2025, they were found in conscious possession of 4.960 grams of MDMA (identified as Methamphetamine) kept in a house bearing No.23/52 of Unnikulam Panchayat at Thenakuzhi Muchilottu in contravention of the NDPS Act. Mobile phones, currency notes of Rs.13,870/- and an electronic weighing machine were also seized from that house. But the applicant and the accused No. 4 fled from the spot. Thus the applicant has committed the offences.
I have heard Sri. Priyesh Kumar M.P., the learned counsel for the applicant and Sri. Devadas H. Mallan, the learned 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 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 surrendered on 1.10.2026. The investigation is over and final report has been filed. 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: -
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.
The applicant shall not commit any offence of a like nature while on bail.
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.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
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.