Citation : 2025 Latest Caselaw 12613 Ker
Judgement Date : 26 December, 2025
2025:KER:98858
B.A No.14547 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 26TH DAY OF DECEMBER 2025 / 5TH POUSHA, 1947
BAIL APPL. NO. 14547 OF 2025
CRIME NO.705/2025 OF VIDYA NAGAR POLICE STATION, Kasargod
AGAINST THE ORDER/JUDGMENT DATED 03.11.2025 IN Bail
Appl. NO.13119 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED (IN CUSTODY FROM 22.09.2025)
SULTHAN HUSSAIN,
AGED 32 YEARS,
S/O AHAMMED P.A,
KHADEEJA MANZIL, KALLAKKATTA, MUTTATHODY VILLAGE,
KASARGODE DISTRICT,
PIN - 671123
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS/STATE & COMPLAINANT
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
PIN - 682031
2 THE STATION HOUSE OFFICER,
2025:KER:98858
B.A No.14547 of 2025
2
VIDYANAGAR POLICE STATION, KASARGODE, KASARGODE
DISTRICT, PIN - 671123
PP-SRI.G.SUDHEER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:98858
B.A No.14547 of 2025
3
ORDER
Dated this the 26 day of December, 2025 th
This Bail Application is filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the accused in Crime No.705 of 2025
of Vidyanagar Police Station, Kasargode. The above case is
registered against the petitioner alleging offences punishable
under Section 22(b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The prosecution case is that on 22.09.2025 at
about 6 p.m at Kollankana in Madhur, the petitioner/accused
was found in possession of 1.593 grams of MDMA, in violation
of the provisions of the NDPS Act and thereby committed the
aforesaid offence.
4. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
5. The learned counsel for the petitioner/accused
contended that the he is innocent, that he was falsely
implicated. The learned counsel further contended that the
petitioner/accused is in custody since 22.09.2025, and he is 2025:KER:98858
ready to abide by any condition which may be imposed by this
Court and he may be released on bail.
6. In the case on hand, the quantity of
Methamphetamine seized is 1.593 grams i.e., less than
commercial quantity. The quantity of Methamphetamine
seized from the accused is intermediate quantity. It is an
admitted case that accused is in judicial custody from
22.09.2025 onwards. Prosecution has not filed charge sheet
so far. Therefore, the petitioner/accused who is in judicial
custody from 22.09.2025 onwards, is entitled to statutory
bail.
Hence, this petition for bail stands allowed on the
following conditions:
(1) Petitioner/accused shall execute a bond for
Rs.50,000/- (Rupees Fifty Thousand only) with two
solvent sureties, each for the like sum to the
satisfaction of the jurisdictional Court.
(2) Petitioner/accused shall appear before the
investigating officer on every Saturday between
10.00 a.m. and 11.00 a.m. for a period of three 2025:KER:98858
months or till final report is filed whichever is
earlier.
(3) Petitioner/accused shall not leave the State of
Kerala without the permission of the court.
Petitioner/accused shall surrender his passport
before this court within 3 days of his release and if
he has no passport, he shall f ile an affidavit to that
effect.
(4) Petitioner/accused shall not influence or
intimidate the witnesses and tamper with the
evidence.
(5) Petitioner/accused shall not involve in any
offence while on bail.
It is made clear that violation of any of the condition
stipulated above will result in the cancellation of bail
Sd/-
M.B. SNEHALATHA JUDGE Cak 2025:KER:98858
APPENDIX OF BAIL APPL. NO. 14547 OF 2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE ORDER DATED 03.11.2025 IN BAIL APPL.13119/2025 ON HIGH COURT ANNEXURE 2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 705 OF 2025 OF VIDYANAGAR POLICE STATION, KASARGODE DISTRICT ANNEXURE 3 TRUE COPY OF THE ORDER DATED 01.12.2025 IN CRL.M.C. NO.1752/2025 PASSED BY THE COURT OF SESSIONS, KASARGODE DIVISION
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