Citation : 2026 Latest Caselaw 1448 Ker
Judgement Date : 11 February, 2026
2026:KER:12362
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
BAIL APPL. NO. 651 OF 2026
CRIME NO.850/2025 OF CHERPU POLICE STATION, THRISSUR
AGAINST THE ORDER DATED 27.01.2026 IN Bail Appl.
NO.14142 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/3RD ACCUSED:
DILJITH E.S,
AGED 30 YEARS
S/O SATHYASEELAN, ERATH HOUSE, ANAKKALLU DESAM,
AVINISSERY VILLAGE, PIN - 680306
BY ADVS.
SHRI.KIRAN MURALI
SHRI.RICHARD BABU
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
CHERPU POLICE STATION,, PIN - 680306
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, ALONG WITH Bail Appl..248/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2026:KER:12362
BAIL APPL. NO. 651 OF 2026
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
BAIL APPL. NO. 248 OF 2026
CRIME NO.850/2025 OF Cherpu Police Station, Thrissur
PETITIONER/ACCUSED NO.2:
JINO JOSE,
AGED 28 YEARS
S/O.JOSE, MALIYEKKAL HOUSE, CHEVOOR DESOM,
CHEVOOR VILLAGE, THRISSUR DISTRICT, PIN - 680027
BY ADV SRI.VIVEK VENUGOPAL
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, ALONG WITH Bail Appl..651/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2026:KER:12362
BAIL APPL. NO. 651 OF 2026
3
ORDER
[Bail Appl. Nos.651/2026 & 248/2026]
These applications are filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS)
seeking regular bail.
2. The applicant in B.A. No.651/2026 is accused No.3 and
the applicant in B.A. No.248/2026 is accused No.2 in Crime
No.850/2025 of Cherpu Police Station, Thrissur District. The
offences alleged are punishable under Sections 22(c) and 29 of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
short 'the NDPS Act').
3. The prosecution case, in short, is that on 09.10.2025 at
17.45 hours, accused No.1 was found in possession of 11.659
grams of MDMA in contravention of the NDPS Act and Rules. The
allegation against the applicants is that both of them went
together, procured the contraband and supplied to accused No.1.
4. I have heard the learned counsel for the applicants and
the learned Senior Public Prosecutors. Perused the case diary.
5. The learned counsel for the applicants submitted that 2026:KER:12362 BAIL APPL. NO. 651 OF 2026
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 accused No.3 and accused No.2 were remanded to
judicial custody on 11.10.2025 and 09.10.2025 respectively and
since then they are in judicial custody. The learned Senior Public
Prosecutors submitted that the investigation is going on and final
report has not been filed. Since more than 90 days have been
elapsed from the date of arrest of the applicants, the applicants
are entitled to statutory 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 fully co-operate with the 2026:KER:12362 BAIL APPL. NO. 651 OF 2026
investigation.
(iii) 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.
(iv) The applicants shall not commit any offence of a like
nature while on bail.
(v) 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.
(vi) The applicants shall not leave the State of Kerala
without the permission of the trial Court.
(vii) 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 NP 2026:KER:12362 BAIL APPL. NO. 651 OF 2026
APPENDIX OF BAIL APPL. NO. 651 OF 2026
PETITIONER ANNEXURES
Annexure-1 . A TRUE COPY OF THE FIR, DATED 09.10.2025, IN CRIME NO. 850/2025 OF THE CHERPU POLICE STATION.
Annexure-2 A TRUE COPY OF THE ORDER DATED 18.11.2025 IN CRL.MP NO. 6733/2025 ON THE FILES OF THE ADDL. SESSIONS JUDGE- IV, THRISSUR .
2026:KER:12362 BAIL APPL. NO. 651 OF 2026
APPENDIX OF BAIL APPL. NO. 248 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.850/2025 OF CHERPU POLICE STATION DATED 09.10.2025 Annexure 2 TRUE PHOTOCOPY OF THE ORDER DATED 05.11.2025 IN CRL.MP.NO.6605/2025 PASSED BY THE COURT OF SESSIONS, THRISSUR. Annexure 3 TRUE PHOTOCOPY OF THE ORDER 16.12.2025 IN CRL.MP.NO.7726/2025 PASSED BY THE COURT OF SESSIONS, THRISSUR.
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