Citation : 2026 Latest Caselaw 2190 Ker
Judgement Date : 27 February, 2026
2026:KER:18010
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947
BAIL APPL. NO. 1067 OF 2026
CRIME NO.71/2026 OF KALAMASSERY POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.1:
ANAS C A
AGED 34 YEARS
S/O ABDUL KHADAR, CHAMMALIPARAMBU HOUSE, VATTEKKUNNAM,
THRIKKAKARA NORTH, ERNAKULAM, PIN - 682021
BY ADVS.
SHRI.VISHNU CHANDRAN
SHRI.AMALA PURUSHOTHAMAN
SHRI.MUHAMMED NIYAS K.H.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI.K.A. NOUSXHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.1067 of 2026
-2-
2026:KER:18010
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.1 in Crime
No.71/2026 of Kalamassery Police Station, Ernakulam District.
The offences alleged are punishable under Sections 20(b)(ii)(A),
22(b) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The prosecution case, in short, is that on
24.01.2026, the DANSAF team conducted a search at Hotel
Baith at Thrikkakara and found 2.2 grams of MDMA and 0.84
grams of ganja from the possession of the applicant and
thereby committed the offences.
4. I have heard Sri.Vishnu Chandran, 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
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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 was remanded to judicial custody on
24.01.2026. The investigation is almost over. The recovery has
been effected. The applicant has no criminal antecedents. 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
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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
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 SKP
2026:KER:18010
APPENDIX OF BAIL APPL. NO. 1067 OF 2026
PETITIONER'S ANNEXURES:
Annexure 1 THE TRUE COPY OF FIR IN CRIME NO. 71 / 2026 OF KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT DATED 24.01.2026.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
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