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Kerala High Court
Muhammed Sadiq P A vs State Of Kerala on 23 December, 2025
BA No.14638 of 2025
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2025:KER:98801
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 23RD DAY OF DECEMBER 2025 / 2ND POUSHA, 1947
BAIL APPL. NO. 14638 OF 2025
CRIME NO.152/2025 OF MUVATTUPUZHA EXCISE RANGE OFFICE,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 11.12.2025 IN CRMC
NO.3515 OF 2025 OF DISTRICT COURT & SESSIONS COURT/RENT
CONTROL APPELLATE AUTHORITY, ERNAKULAM
PETITIONER(S)/ACCUSED NO.1:
MUHAMMED SADIQ P A,
AGED 40 YEARS, S/O AMEER ALI, PLAMOOTTIL HOUSE,
PERUMATTOM KARA, VELLOORKUNNAM VILLAGE,
MUVATTUPUZHA TALUK, PIN - 686673
BY ADV SRI.AJEESH M UMMER
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
BY ADV.:
PP ADV. M.P PRASANTH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 23.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.14638 of 2025
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ORDER
This bail application is filed under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short 'BNSS').
2. Petitioner is the 1st accused in Crime
No.152/2025 of Excise Range Office, Muvattupuzha,
Ernakulam; registered for the offences punishable
under Sections 22(b) and 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 [for short,
'NDPS Act'].
3. The prosecution case is that, on
04.11.2025, the accused was found in possession of
5.683 grams of MDMA and thereby committed the
offences alleged. Petitioner was arrested on
04.11.2025 and he has been in custody since then.
4. Heard the learned Counsel appearing for
the petitioner as well as the learned Public
Prosecutor.
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5. The learned Counsel for the petitioner
submitted that the third accused in the crime was
already granted bail as per the order dated
18.12.2025 in Bail Application No.14470/2025. The
petitioner is also in judicial custody from the very
same date ie. 04.11.2025. The counsel also
submitted that the petitioner is ready to cooperate
with the investigation and abide by all the conditions
that will be imposed by this Court.
6. The learned Public Prosecutor opposed the
bail application and submitted that the releasing of
the petitioner may lead to repetition of the offence.
7. The perusal of the records would show that
the accused No.3 involved in the crime was already
granted bail by this Court as mentioned above. Since
the nature of the contraband seized is found to be
MDMA and the quantity of 5.683 grams fall under the
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category of intermediate quantity, the rigour under
Section 37 of the NDPS Act does not apply. As the
petitioner has been in custody from 04.11.2025 and
as there is no possibility of an immediate trial, I am
of the view that his further detention is not
necessary.
8. In the result, this bail application is allowed
on the following conditions:-
(a) Petitioner shall be released on bail on
him executing a bond for Rs.50,000/-
(Rupees fifty thousand only) with two
solvent sureties each for the like sum to
the satisfaction of the court having
jurisdiction.
(b) Petitioner shall appear before the
Investigating Officer as and when
required.
(c) Petitioner shall not intimidate or attempt
to influence the witnesses; nor shall he
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tamper with the evidence.
(d) Petitioner shall not commit any similar
offences while he is on bail.
(e) Petitioner shall not leave India without
the permission of the Court having
jurisdiction.
In case of violation of any of the above
conditions or if any modification or deletion of the
conditions are required, the jurisdictional Court shall
be empowered to consider such applications, if any,
and pass appropriate orders in accordance with law,
notwithstanding the bail having been granted by this
Court.
Sd/-
MURALEE KRISHNA S.,
nvj/23.12.25 JUDGE
2025:KER:98801
APPENDIX OF BAIL APPL. NO. 14638 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED
11.12.2025 IN CRL M.C 3515/2025
BEFORE THE HON'BLE DISTRICT AND
SESSIONS COURT, ERNAKULAM
