[Cites 1, Cited by 0]
Kerala High Court
Mukbul Hossain vs State Of Kerala on 27 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 1071 of 2026
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2026:KER:17699
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. 1071 OF 2026
CRIME NO.7/2026 OF PALAKKAD EXCISE RANGE OFFICE, PALAKKAD
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 MUKBUL HOSSAIN
AGED 55 YEARS, S/O JACHHIMUDDIN MANDAL,
DHAKSHIN GHOSH, MURADPURJALANGI,
MURADPUR ARAZI, MURSHIDABAD,
WEST BENGAL, PIN - 742305
2 GOLAB S K
AGED 28 YEARS, S/O BABLU SHEIKH S K,
UDARJANGAR, CHARCOLONY,
MURSHIDABAD, WEST BENGAL, PIN - 742305
3 MEHABUB HOSEN
AGED 23 YEARS, S/O RAFIQUL ISLAM,
GHOSPARA, MURADPURJALANGI, MURADAPUR ARAZI,
MURSHIDABAD, WEST BENGAL, PIN - 742305
BY ADVS.
SMT.YESMA D. ELAVANTHARA
SMT.SHYMA K.P.
RESPONDENTS/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PALAKKAD EXCISE RANGE OFFICE
THROUGH THE PUBLIC PROSECUTOR OF
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 1071 of 2026
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2026:KER:17699
ORDER
This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS)
seeking regular bail.
2. The applicants are the accused Nos.1 to 3 in Crime
No.7/2026 of Palakkad Excise Range Office, Palakkad District.
The offence alleged is punishable under Section 20(b)(ii)(B)
of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case, in short, is that on
14.01.2026 at 03:30 pm, on Coimbatore - Palakkad NH -544
in front of Walayar Excise Check post, the applicants were
found in possession of 12 kilograms of ganja while they were
travelling in a KSRTC bus bearing Registration No. 15-A-1795,
which was plying from Coimbatore to Cherthala and thereby
committed the offence.
4. I have heard Smt.Yesma D. Elavanthara, the
learned counsel for the applicants and Sri.M.C.Ashi, the
learned Senior Public Prosecutor. Perused the case diary.
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5. The learned counsel for the applicants submitted
that 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 Public Prosecutor 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 applicants were remanded to judicial custody
on 14.01.2026. The investigation is almost over and the
recovery has been effected. The applicants have no criminal
antecedents. For these reasons, I do not find any reason to
hold that the continued detention of the applicants is required
for any purpose. Hence, the applicants are entitled to be
released on bail.
In the result, the application is allowed on the following
conditions: -
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(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 sureties shall be from the State of Kerala.
(iii) The applicants shall fully co-operate with the
investigation.
(iv) 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.
(v) The applicants shall not commit any offence of a
like nature while on bail.
(vi) 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.
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(vii) The applicants shall not leave the State of Kerala
without the permission of the trial Court.
(viii) 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
APA
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APPENDIX OF BAIL APPL. NO. 1071 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 THE TRUE COPY OF THE BAIL ORDER OF HON'BLE
SESSIONS COURT AT PALAKKAD IN CRLMP01/2026 IN
CRIME 07/2026 OF EXCISE RANGE OFFICE, PALAKKAD
DATED ON 17/02/2026
