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Jino Jose vs State Of Kerala
2026 Latest Caselaw 1448 Ker

Citation : 2026 Latest Caselaw 1448 Ker
Judgement Date : 11 February, 2026

[Cites 3, Cited by 0]

Kerala High Court

Jino Jose vs State Of Kerala on 11 February, 2026

Author: Kauser Edappagath
Bench: Kauser Edappagath
                                                     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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