[Cites 2, Cited by 0]
Kerala High Court
Saj Chandran @ Kannan vs State Of Kerala on 10 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:11823
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 10TH DAY OF FEBRUARY 2026/21ST MAGHA, 1947
BAIL APPL. NO. 12380 OF 2025
CRIME NO.973/2024 OF PUNALUR POLICE STATION, KOLLAM
AGAINST THE JUDGMENT DATED 25.07.2025 IN BAIL APPL. NO.8807 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/11TH ACCUSED:
SAJ CHANDRAN @ KANNAN,
AGED 29 YEARS, S/O RAMACHANDRAN,
SOUMYA MANZIL, PADINJARAE VELLAMTHETTI, PDAM P.O,
PUNNALA VILLAGE, PIN - 689695
BY ADV SHRI.NAHAS H.
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADV.
SMT.SREEJA V., SR. PP. &
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.02.2026, ALONG WITH BAIL APPL.12986/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 12380 & 12986 OF 2025
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2026:KER:11823
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 10TH DAY OF FEBRUARY 2026/21ST MAGHA, 1947
BAIL APPL. NO. 12986 OF 2025
CRIME NO.973/2024 OF PUNALUR POLICE STATION, KOLLAM
AGAINST THE JUDGMENT DATED 16.09.2025 IN BAIL APPL. NO.10869 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/5TH ACCUSED:
MUHAMMED SHANVAS NISSAM @ PANNI NISSAM
AGED 34 YEARS, S/O. THAJUDHEEN,
SHAHINA MANZIL, NEAR SHIVAN KOVIL, PUNALUR TALUK,
KOLLAM DISTRICT, PIN - 691305
BY ADVS.
SHRI.NAHAS H.
SMT.RIZWANA T.N
SHRI.SOORAJ SUNNY
RESPONDENT:
STATE OF KERALA
REPRESENTED BY BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT, KERALA,
PIN - 682031
BY ADV.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.02.2026, ALONG WITH BAIL APPL..12380/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 12380 & 12986 OF 2025
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2026:KER:11823
ORDER
These two bail applications are filed under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, BNSS) seeking regular bail.
2. The applicant in Bail Appl. No.12380 of
2025 is the accused No.11 and the applicant in Bail Appl.
No.12986 of 2025 is the accused No.5 in Crime
No.973/2024 of Punalur Police Station, Kollam District. The
offences alleged are punishable under Sections 20(b)(ii)
(C), 29, 25 and 8A(c) read with 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 ('the NDPS Act' for
short).
3. The prosecution case, in short, is that, on
11.07.2024 at about 3 p.m., the accused Nos.1 and 2 were
found in possession of 30.370 kgs of ganja in the residence
of the accused No.1 and the investigation revealed that the
accused Nos.1 to 11 had conspired to purchase the
contraband and thereby committed the offences alleged.
4. I have heard Sri. Nahas Habeeb, the
learned counsel for the applicants and Smt. Sreeja.V and
BAIL APPL. NOS. 12380 & 12986 OF 2025
2026:KER:11823
Sri. K.A.Noushad, the learned Senior Public Prosecutors.
Perused the case diary.
5. 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 Senior Public
Prosecutors 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.
6. The applicant in Bail Appl. No.12380 of
2025 was arrested on 20.09.2024 and the applicant in Bail
Appl. No.12986 of 2025 was arrested on 11.10.2024. The
investigation is almost over. The final report has already
been filed. All the remaining accused, except accused
No.10 are on bail. Admittedly, the contraband were seized
from the possession of accused Nos.1 and 2 only. The
allegation against accused No.5 is that, he bought the
plastic bags in which the contraband was carried. The
BAIL APPL. NOS. 12380 & 12986 OF 2025
2026:KER:11823
allegation against the accused No.11 is that, he helped to
store the contraband. Considering all these facts, I am of
the view that rigour of Section 37 of the NDPS Act cannot
be attributed against the applicants. 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 applications are allowed on the
following conditions: -
(i) 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.
(ii) The applicants shall not commit any
offence of a like nature while on bail.
(iii) 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.
BAIL APPL. NOS. 12380 & 12986 OF 2025
2026:KER:11823
(iv) The applicants shall not leave the State of
Kerala without the permission of the trial Court.
(v) 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.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ARK
BAIL APPL. NOS. 12380 & 12986 OF 2025
2026:KER:11823
APPENDIX OF BAIL APPL. NO. 12380 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR 973/2024
BAIL APPL. NOS. 12380 & 12986 OF 2025
2026:KER:11823
APPENDIX OF BAIL APPL. NO. 12986 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR 973/2024
