[Cites 7, Cited by 0]
Kerala High Court
Muhammed Jashir vs State Of Kerala on 18 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:14466
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
BAIL APPL. NO. 205 OF 2026
CRIME NO.1224/2024 OF PALARIVATTOM POLICE STATION, ERNAKULAM
AGAINST THE JUDGMENT DATED 24.09.2025 IN Bail Appl.
NO.11962 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
MUHAMMED JASHIR
AGED 31 YEARS
S/O. YOUSAF, ERATTUPARAMBIL HOUSE, SMASANAM ROAD,
VADOOKKARA P.O KURUKKANCHERY, THRISSUR, NOW
RESIDING AT VATTATHARA HOUSE CHAKKARAMPARAMBU,
KOTTAMKAVU ROAD, VENNALA, ERNAKULAM - 682 028.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SRI.P.RAJKUMAR
SRI.KESHAVRAJ NAIR
SRI.BIJU VIGNESWAR
SRI.ARUN POOMULLI
SMT.MEERA JOPPAN
SRI.ABHIRAM.S.
SMT.GAADHA SURESH
SRI.VISWANATH JAYAN
SRI.FAYAS MUHAMMED S.
SRI.ANANTHAPADMANABHAN
SRI.ASHISH PAUL
SMT.LAXMISREE JAYANTHA KUMAR
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
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BAIL APPL. NO. 205 OF 2026
2
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 205 OF 2026
3
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 , seeking regular bail.
2. The applicant is the accused No.1 in Crime
No.1224/2024 of Palarivattom Police Station, Ernakulam District.
The offences alleged are punishable under Sections 8(c), 22(c)
and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (for short, NDPS Act).
3. The prosecution case, in short, is that on 06.12.2024 at
about 09.27 p.m., the applicant was found in possession of 52.80
grams of MDMA during the search of his body in contravention of
the NDPS Act and Rules and thereby committed the
aforementioned offences.
4. I have heard Sri.Renjith B.Marar, the learned counsel
for the applicant and Sri.K.A.Noushad, 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
present case. The counsel further submitted that no materials are
on record to connect the applicant with the alleged crime; hence,
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BAIL APPL. NO. 205 OF 2026
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 was remanded to judicial custody on
06.12.2024. A perusal of the case diary would reveal that the
accusation against the applicant is very serious, and it prima facie
shows a premeditated criminal act on his part. Since the quantity
involved is commercial, the jurisdiction of this Court to grant bail
is circumscribed by the provisions of Section 37 of the NDPS Act.
Bail can be granted in a case where there are reasonable grounds
for believing that the accused is not guilty of such an offence and
that he is not likely to commit any offence while on bail.
7. Having considered the submissions and after having
gone through the materials on record, I am afraid that there are
no substantial or probable causes for believing that the applicant
is not guilty of the offences charged. The applicant has not been
able to point out the existence of any such facts or circumstances
as are sufficient to justify recording a finding that he is not guilty
of the offences charged. This Court, as per Annexure A7 order, has
already found that there are prima facie materials to connect the
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BAIL APPL. NO. 205 OF 2026
applicant with the crime and the rigour of Section 37 of the NDPS
Act would be attracted. No change of circumstances has been
pointed out by the applicant.
8. The learned counsel for the applicant, relying on
Annexure A4, submitted that in the intimation given to the relative
of the applicant, the quantity of the contraband seized from the
possession of the applicant was not mentioned and hence, the
arrest is nonest. However, the applicant had earlier approached
this Court seeking bail on the ground of non-communication of the
grounds of arrest to him and his relative. As per Annexure A6
order, this Court found that the grounds of arrest were
communicated to the applicant as well as to his live-in partner.
Hence, he cannot agitate the very same ground again.
9. The learned counsel for the applicant further submitted
that the applicant is in custody since 06.12.2024 and there is no
possibility of taking the case for trial. He also sought bail on the
ground of prolonged incarceration. This Court in Abid v. State of
Kerala (2026 KLT OnLine 1211) has already held that the period
of incarceration has no bearing in the matter of bail involving
commercial quantities of narcotic drugs under the NDPS Act in a
case where the embargo under Section 37(1)(b) of the NDPS Act is
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BAIL APPL. NO. 205 OF 2026
attracted.
Considering the nature of the crime, the gravity of the
offence, the complicity of the applicant in it, and the facts and
circumstances mentioned above, I am of the view that the
applicant cannot be released on bail at this stage. The bail
application, accordingly, is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
NP
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BAIL APPL. NO. 205 OF 2026
APPENDIX OF BAIL APPL. NO. 205 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF FIR DATED 07.12.2024 IN
CRIME NO. 1224/2024 OF PALARIVATTOM
POLICE STATION, ERNAKULAM.
Annexure A2 TRUE COPY OF THE CHEMICAL ANALYSIS
REPORT DATED 07.02.2025.
Annexure A3 TRUE COPY OF THE FIR DATED 07.12.2024 IN
CRIME NO. 1223/2024 OF PALARIVATTOM
POLICE STATION, ERNAKULAM.
Annexure A4 TRUE COPY OF THE ARREST INTIMATION DATED
07.12.2024 OF THE PETITIONER.
Annexure A5 TRUE COPY OF ORDER DATED 30.04.2025 IN
CRL. M. C. NO. 1122/2025 PASSED BY THE
HON'BLE COURT OF SESSION (VACATION
COURT), ERNAKULAM DIVISION.
Annexure A8 TRUE COPY OF THE ORDER DATED 20.12.2025
IN CRL. M. P. NO. 5684/2025 IN S. C. NO.
696 OF 2025 PASSED BY THE HON'BLE
ADDITIONAL DISTRICT AND SESSIONS JUDGE -
VIII, ERNAKULAM.
