[Cites 6, Cited by 0]
Kerala High Court
Siyad vs State Of Kerala on 30 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.196/2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
BAIL APPL. NO. 196 OF 2026
CRIME NO.743/2025 OF Kalady Police Station, Ernakulam
AGAINST THE ORDER DATED 30.12.2025 IN CRMP 3111/2025
IN SC NO.1678 OF 2025 OF ADDITIONAL DISTRICT AND SESSIONS
COURT-I, NORTH PARAVUR
PETITIONER/3RD ACCUSED:
SIYAD, AGED 48 YEARS
S/O ALIYAR AMBADAN HOUSE, RAYONPURAM BHAGHAM
VALLAM KARA, CHELAMATTOM, ERNAKULAM DISTRICT., PIN
- 683550
BY ADV SRI.AJEESH M UMMER
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.196/2026
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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.3 in Crime
No.743/2025 of Kalady Police Station, Ernakulam District now
pending as S.C.No.1678/2025 on the files of the Additional
District and Sessions Court-I, North Paravur. The offences alleged
are punishable under Sections 8(c), 22(c) and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short, the
NDPS Act), Section 125 of the Bharatiya Nyaya Sanhita, 2023
and Section 199(A) of the Motor Vehicles Act, 1988.
3. The prosecution case, in short, is that the
accused Nos. 1 to 4 and one CCL who is arrayed as the accused
No.5 together decided to procure methamphetamine from
Bangalore and accordingly, the accused Nos. 1 and 2 went to
Bangalore and procured 99.40 gms of MDMA and brought to
Kerala on 28.5.2025. While the accused Nos. 1 and 5 were
transporting the contraband in a scooter bearing registration
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No.KL-41-A-1263 at 10.05 am on 28.5.2025, they were
intercepted by the police and the contraband were seized. It is
alleged that the applicant gave financial assistance to the
accused No.2 to procure the contraband. Thus the applicant and
the remaining accused have committed the above offences.
4. I have heard Sri. Ajeesh M. Ummer, the learned
counsel for the applicant and Sri. K.A. Noushand, 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, 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 moved an application for regular
bail as B.A.No.13744/2025 before this Court during the crime
stage. It was dismissed on 24.11.2025 holding that the bar
under Section 37 of the NDPS Act is applicable to the facts of the
case and that the applicant has criminal antecedents. The
learned counsel for the applicant submitted that after the
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disposal of the above bail application, the final report has been
filed and there is nothing in the final report to connect the
applicant with the crime and hence, there is a change of
circumstances. I find some force in the said submission.
7. I went through the final report. The allegation
against the applicant is that, he along with the accused Nos. 1
and 2 decided to procure the contraband from Bangalore and
accordingly, accused Nos. 1 and 2 went to Bangalore and
procured the contraband. It is also alleged that the applicant had
given ₹90,000/- to the accused No.2 to procure the contraband.
However, no material could be collected by the investigating
agency to prove the said financial transaction between the
applicant and the accused No.2. A perusal of the final report
would show that the only material collected by the investigating
agency to connect him with the alleged offence is few telephone
calls and Whatsapp chats between him and the accused Nos. 1
and 2. The applicant is in custody for the last more than four
months. The learned counsel for the applicant submitted that in
all the cases allegedly pending against the applicant and pointed
out by the learned Senior Prosecutor, he was already acquitted.
Considering all these facts and circumstances, I am of the view
that the rigor of Section 37 of the NDPS Act would not be
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attracted against the applicant and he can 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 not commit any offence of a
like nature while on bail.
(iii) 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.
(iv) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(v) 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
kp
2026:KER:7604
APPENDIX OF BAIL APPL. NO. 196 OF 2026
PETITIONER ANNEXURES
Annexure 1 A COPY OF THE ORDER IN CRL MP 3111/2025
IN SC 1678/2025 DATED 30.12.2025 THE
ADDITIONAL DISTRICT COURT, NORTH
PARAVOOR
Annexure 2 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 743/2025 OF KALADY POLICE STATION,
ERNAKULAM DISTRICT DATED 23.11.2025
Annexure 3 A TRUE OF THE STATEMENT OF CW31 RECORDED
UNDER SECTION 180 OF BNSS DATED
29.06.2025
Annexure 4 A TRUE OF THE STATEMENT OF CW34 RECORDED
UNDER SECTION 180 OF BNSS DATED
27.08.2025
Annexure 5 A TRUE OF THE STATEMENT OF CW35 RECORDED
UNDER SECTION 180 OF BNSS DATED
28.08.2025
