[Cites 3, Cited by 0]
Kerala High Court
Alphin Tomy vs State Of Kerala on 30 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 435 of 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. 435 OF 2026
CRIME NO.446/2025 OF CHERPULASSERY POLICE STATION, PALAKKAD
AGAINST THE ORDER DATED 08.10.2025 IN BAIL APPL. NO.12172 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.10:
ALPHIN TOMY,
AGED 10 YEARS, S/O.TOMY THOMAS,
OATHERAKUNNEL HOUSE,
CHAPPANTHOTTAM,
KOZHIKODE DISTRICT., PIN - 673513
BY ADV SRI.NIREESH MATHEW
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI., 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. 435 of 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.10 in Crime
No.446/2025 of Cherpulassery Police Station, Palakkad
District. The offences alleged are punishable under Sections
20(b)(ii)(C) and 25 r/w Section 29 of the Narcotic Drugs and
Psychotropic Substances Act,1985 (for short, 'the NDPS Act').
3. The prosecution case, in short, is that on
26.05.2025 at about 2:15 p.m., near Nellaya at Krishnappadi,
the accused Nos.1 and 2 were found transporting 87.725 Kgs
of ganja in 42 packets in a Wagon-R car bearing Registration
No.KL-53T-6753 for the purpose of sale without any valid
documents. They were arrested from the spot and the
contraband articles and the vehicle were seized as per seizure
mahazar. On investigation, it is revealed that accused Nos.3
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to 8 have acted as accomplices in the transportation of ganja,
accused No.9 arranged the ganja from Odisha and the
applicant provided financial assistance to procure the same.
4. I have heard Sri.Nireesh Mathew, 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, 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
19.09.2025. The investigation is almost over. Admittedly, no
contraband was seized from the possession of the applicant.
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It was seized from the possession of accused Nos. 1 and 2.
Annexure -3 is the remand report. Page No. 58 of Annexure-3
would show that the only material available against the
applicant is that on 18.05.2025 and 19.05.2025, he
transferred sum of Rs.68,000/-, Rs.10,000/- and Rs.20,000/-
to accused No.9. Apart from this, there are no other materials
to connect the applicant with the crime. The applicant has
given an explanation also for the said financial transactions.
In these circumstances, I am of the view that rigour of
Section 37 of the NDPS Act cannot be applied against the
applicant. The applicant has been in judicial custody since
19.09.2025. He 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
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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.
(vi) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
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(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
APA
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APPENDIX OF BAIL APPL. NO. 435 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 TRUE PHOTO COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 446 OF 2025 OF CHERPULASSERY
POLICE STATION DATED 27.05.2025
ANNEXURE 2 TRUE PHOTOCOPY OF THE STATEMENT OF BANK ACCOUNT
MAINTAINED BY THE PETITIONER WITH THE FEDERAL
BANK, THOTTILPALAM BRANCH FOR THE PERIOD FROM
01.09.2024 TO 30.05.2025
ANNEXURE 3 TRUE PHOTOCOPY OF THE REMAND REPORT DATED
20.09.2025
ANNEXURE 4 ORDER DATED 08-10-2025 IN BAIL APPL.12172/2025
ON HIGH COURT
