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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicants are the accused Nos.1 and 2 in Crime No.491/2026 of Railway Police Station, Ernakulam District. The offence alleged is punishable under Section 21(b) r/w Section 29 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 28.07.2026, at about 09.30 p.m., based on suspicion, the police party intercepted the applicants and conducted a search. Upon questioning and searching the applicants, they were found to be in possession of 218 grams of heroin and thereby committed the above offence.
I have heard Sri.Shyam Kumar M.P., the learned counsel for the applicants and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further 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.
The applicants were remanded to judicial custody on 28.07.2026. The investigation is almost over and 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: -
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.
One of the sureties shall be from the State of Kerala.
The applicants shall fully co-operate with the investigation.
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.
The applicants shall not commit any offence of a like nature while on bail.
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.
The applicants 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.