Akshay.T vs State Of Kerala
2026 Latest Caselaw 2295 Ker

Citation : 2026 Latest Caselaw 2295 Ker
Judgement Date : 26 March, 2026

[Cites 5, Cited by 0]

Kerala High Court

Akshay.T vs State Of Kerala on 26 March, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                          2026:KER:26864

B.A.NO.1561 OF 2026                    1


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  THURSDAY, THE 26TH DAY OF MARCH 2026 / 5TH CHAITHRA,

                                  1948

                      BAIL APPL. NO. 1561 OF 2026

      CRIME NO.1131/2025 OF Kondotty Police Station,

                               Malappuram

         AGAINST      THE   JUDGMENT       DATED   12.03.2026   IN   Bail

Appl. NO.950 OF 2026 OF THE HIGH COURT OF KERALA

PETITIONER/ACCUSED NO.7 (IN CUSTODY FROM 19.12.2025):

            AKSHAY T.,
            AGED 28 YEARS,
            SON OF AJITH KUMAR T.,
            ADAMPATTU MEETHAL HOUSE, KATTUKULANGARA,
            POTTAMMAL, NELLIKKODE P.O, KUTHIRAVATTOM,
            KOZHIKODE DISTRICT, PIN - 673016


            BY ADVS.
            SRI.P.MOHAMED SABAH
            SRI.LIBIN STANLEY
            SMT.SAIPOOJA
            SRI.SADIK ISMAYIL
            SMT.R.GAYATHRI
            SRI.M.MAHIN HAMZA
            SHRI.ALWIN JOSEPH
            SHRI.BENSON AMBROSE


RESPONDENTS/STATE & COMPLAINANT:

     1      STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR,
                                               2026:KER:26864

B.A.NO.1561 OF 2026            2


            HIGH COURT OF KERALA,
            ERNAKULAM DISTRICT,
            PIN - 682031

     2      THE STATION HOUSE OFFICER,
            KONDOTTY POLICE STATION, KONDOTTY P.O.,
            MALAPPURAM DISTRICT, PIN - 673638



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


         THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                           2026:KER:26864

B.A.NO.1561 OF 2026                  3



                                 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.7 in Crime No.

1131/2025 of Kondotty Police Station, Malappuram District.

The offences alleged are punishable under Sections 22(c)

and 29 of the Narcotic Drugs and Psychotropic Substances

Act, 1985 (for short, 'the NDPS Act').

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

05.10.2025 at 6.30 p.m., the applicant along with other

accused were found in possession of 152.64 grams of MDMA

and 0.65 grams of Ecstacy at a place called

Kannamvettikkavu, Ambalakkandy, while the applicant and

the other accused were sitting inside two cars bearing

registration Nos. KL-84C-7458 and KL-84-D-3342

respectively, with intent to sell the contraband and thereby

committed the offences.

4. I have heard Sri.P.Mohamed Sabah, the learned

counsel for the applicant and Sri. M.C. Ashi, the learned 2026:KER:26864

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 contraband was seized from two cars which

were halted at an isolated place. The applicant and accused

Nos. 5 and 6 were sitting in one car and the remaining two

accused were sitting in another car. The contrabands were

seized from both the cars. The contraband seized from the

car in which the applicant was sitting was intermediate

quantity and the contraband seized from the other car was

commercial quantity.

7. The learned counsel for the applicant relying on

the decision of the Supreme Court in Nadeem Ahamed v.

State of West Bengal (2025 KHC OnLine 6704) has 2026:KER:26864

cited that inasmuch as, the contraband seized from the

possession of the applicant is only intermediate quantity and

as there is no material to suggest that he has any connection

with the contraband seized from the other car, the rigour of

Section 37 of the NDPS Act cannot be attributed against him.

On the other hand, the learned Senior Public Prosecutor

submitted that it is not a case where both cars were found

on the side of a busy road, but they were found at an

isolated place. Therefore, the common intention could be

inferred. However, no other material, such as any telephone

conversations between the accused or financial transactions,

if any, among them, has been found in the investigation

conducted so far. In the absence of any other material to

connect the applicant with the contraband seized from the

other car, and considering that the contraband seized from

the car of the applicant is only of intermediate quantity, I am

of the view that the rigour of Section 37 of the NDPS Act

cannot be attributed against the applicant.

8. The applicant was remanded to judicial custody

on 19.12.2025. He has no criminal antecedents. However,

considering the stage of the investigation and the period of 2026:KER:26864

detention already undergone by the applicant, I am of the

view that his further detention is not necessary. 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.