Hakkim vs State Of Kerala
2026 Latest Caselaw 606 Ker

Citation : 2026 Latest Caselaw 606 Ker
Judgement Date : 21 January, 2026

[Cites 1, Cited by 0]

Kerala High Court

Hakkim vs State Of Kerala on 21 January, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                             2026:KER:4998


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

      WEDNESDAY, THE 21ST DAY OF JANUARY 2026/1ST MAGHA, 1947

                     BAIL APPL. NO. 14322 OF 2025

CRIME NO.1216/2021 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD

  AGAINST THE ORDER/JUDGMENT DATED 25.10.2025 IN CRMP NO.5805 OF

     2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV,

              PALAKKAD / III ADDITIONAL MACT, PALAKKAD

PETITIONER/1ST ACCUSED:

            HAKKIM
            AGED 24 YEARS, SON OF SHAJAHAN,
            HOUSE NO.1/2020, AKG NAGAR, KADAMKODE,
            PALAKKAD, PIN - 678001

            BY ADVS.
            SHRI.T.K.SANDEEP
            SMT.RESHMA VISWANATHAN




RESPONDENT/COMPLAINANT AND STATE:

            STATE OF KERALA
            REPRESENTED BY REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

            BY ADV.
            SRI.M.C. ASHI, SR. PP.


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 14322 OF 2025
                                        2
                                                                 2026:KER:4998


                                  ORDER

Dated this the 21st day of January, 2026

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.1216/2021 of Town South Police Station,

Palakkad District. The offence alleged is punishable under

Sections 22(b) read with 29 of the NDPS Act.

3. The prosecution case, in short, is that on

30.06.2021 at about 13.25 hours, the accused was found

in possession of 2 Nitrazepam tablets weighing 1.150 Mg

and 200 Nitrosun 10 tablets weighing 115 gm near DTDC

office, Kannadi. The contraband was sent to him by courier

by the accused No.2 and thereby the applicant is alleged to

have committed the above mentioned offences.

4. I have heard Sri. T.K.Sandeep, 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 BAIL APPL. NO. 14322 OF 2025

2026:KER:4998

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, 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 in fact released on bail

on 03.08.2021. Thereafter, since he is involved in two

other crimes (Crime No.671/2022 and Crime

No.1549/2024), his bail was cancelled. He is in custody

since 17.12.2024. The investigation is almost over. It is

submitted by the learned counsel for the applicant that the

applicant is already in bail in those two crimes. 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 BAIL APPL. NO. 14322 OF 2025

2026:KER:4998

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 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.