[Cites 5, Cited by 0]
Kerala High Court
Akash Santhosh vs State Of Kerala on 12 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:12809
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
BAIL APPL. NO. 11841 OF 2025
CRIME NO.1665/2023 OF ANCHAL POLICE STATION, KOLLAM
AGAINST THE JUDGMENT DATED 23.08.2024 IN Bail Appl.
NO.6398 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/4TH ACCUSED:
AKASH SANTHOSH,
AGED 24 YEARS
S/O SANTHOSH KUMAR, MELATHIL HOUSE,
PRAKKANAM P.O, CHENNEERKKARA,
PATHANAMTHITTA DISTRICT, PIN - 689652
SMT.SAILAKSHMI MENON
SRI.GEORGE ROY
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SRI.MANU RAMACHANDRAN
SRI.SAMEER M NAIR
SMT.AASHI K. SHAJAN
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 11841 OF 2025
2
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular
bail.
2. The applicant is the accused No.4 in Crime
No.1665/2023 of Anchal Police Station, Kollam District. The
offences alleged are punishable under Sections 22(c), 20(b)(ii)(A)
and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (for short 'the NDPS Act').
3. The prosecution case, in short, is that accused No.1
was found in possession of 0.19 grams of LSD stamps and 4.67
grams of ganja in contravention of the NDPS Act and Rules and
thereby committed the aforementioned offences. It is further
alleged that during the investigation it was found that the
applicant supplied the contraband to accused No.1.
4. I have heard Smt.Sailakshmi Menon, the learned
counsel for the applicant and Sri.M.C.Ashi, the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that
the applicant is innocent and has been falsely implicated in the
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BAIL APPL. NO. 11841 OF 2025
present case. The counsel further submitted that no materials are
on record to connect the applicant with the alleged crime; hence,
he is entitled to bail. On the other hand, the learned Senior Public
Prosecutor submitted that the alleged incident occurred as a part
of the intentional criminal acts of the applicant, and he is not
entitled to bail at this stage.
6. The applicant surrendered on 29.10.2024 and since
then he is in judicial custody. It is submitted that the remaining
accused are on bail, of course, on the ground of non-
communication of the grounds of arrest. Admittedly, no
contraband was seized from the possession of the applicant. I
went through the final report. One of the materials in the final
report to connect the applicant with the crime is the financial
transactions between accused Nos.1 and 3 with him. It is seen
that accused No.1 has sent Rs.2,500/- and accused No.3 has sent
Rs.11,500/- to the account of the applicant on 24.12.2023. Apart
from that, it is stated in the final report that there were frequent
telephone conversations between the applicant and the remaining
accused. However, the CDR pertaining to the telephone number of
the applicant does not form part of the final report. It is submitted
by the learned Senior Public Prosecutor that the applicant has
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BAIL APPL. NO. 11841 OF 2025
criminal antecedents. However, considering the fact that no
contraband was seized from the possession of the applicant and
the only material available on record is the aforementioned
financial transactions, I am of the view that the rigour of Section
37 of the NDPS Act cannot be attributed against the applicant. For
these reasons, I do not find any reason to hold that the continued
detention of the applicant is required for any purpose. Hence, the
applicant is entitled to be released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicant shall be released on bail on executing a
bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent
sureties for the like sum each to the satisfaction of the
jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the
investigation.
(iii) The applicant shall appear before the investigating
officer between 10.00 a.m and 11.00 a.m. every Saturday until
further orders. He shall also appear before the investigating officer
as and when required.
(iv) The applicant shall not commit any offence of a like
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nature while on bail.
(v) The applicant 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 applicant 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
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BAIL APPL. NO. 11841 OF 2025
APPENDIX OF BAIL APPL. NO. 11841 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO.
1665/2023 OF ANCHAL POLICE STATION,
KOLLAM DISTRICT
Annexure A2 A TRUE COPY OF THE JUDGMENT IN B.A
NO.6398/2024 DATED 23.08.2024
Annexure A3 A TRUE COPY OF THE ORDER DATED
06.11.2024 IN CRL.MP 1970/2024 MOVED
BEFORE ADDL.SESSIONS COURT, KOLLAM
Annexure A4 A TRUE COPY OF THE JUDGMENT DATED
Annexure A5 A TRUE COPY OF THE ORDER IN CRL.MP NO.
Annexure A6 A TRUE COPY OF THE JUDGMENT DATED
Annexure A7 A TRUE COPY OF THE ORDER IN CRL.MP NO.
Annexure A8 A TRUE COPY OF THE JUDGMENT DATED
Annexure A9 A TRUE COPY OF THE FINAL REPORT DATED
11/06/2024
