2025:KER:28031 BAIL APPL. NO. 7487 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 BAIL APPL. NO. 7487 OF 2024 CRIME NO.7/2024 OF Mananthavady Police Station, Wayanad AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.5173 OF 2024 OF HIGH COURT OF KERALA PETITIONER/S: FASIL.T,S/O. MUHAMMED BASHEER, AGED 28 YEARS THODENGAL HOUSE, ARIMBRA, MORAYOOR POST, MALAPPURAM DISTRICT, PIN - 673642 BY ADVS. P.C.MUHAMMED NOUSHIQ JAHANA SHERIN.K RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, MANANTHAVADY POLICE STATION, MANANTHAVADY, WAYANAD DISTRICT, PIN - 670645 SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28031 BAIL APPL. NO. 7487 OF 2024 2 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A. No.7487 of 2024 ---------------------------------------------- Dated this the 02nd day of April, 2025 ORDER This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the accused in Crime No.7/2024 of Mananthavady Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 22(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act (for short, NDPS Act). 3. The prosecution case is that, on, 02.01.2024, at about 7.20am, at Mananthavady–Valliyoorkavu junction, the accused Nos.1 & 2 were found in possession of 51.64 gm of MDMA, in contravention of the provisions of the NDPS Act. It is alleged that, the accused bought MDMA from the 3rd and 4th accused who were working at Bangalore. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2025:KER:28031 BAIL APPL. NO. 7487 OF 2024 3 5. When this bail application came up for consideration on 11.03.2025, this Court passed the following order: “The petitioner is the accused in Crime No.7/2024 of Mananthavady Police Station, Wayanad District. The learned counsel for the petitioner submitted that the grand mother of the petitioner expired on 08.03.2025 and the petitioner wants to participate in the rituals. 2. Considering the facts and circumstances, there can be a direction to grand interim bail to the petitioner for a period of three weeks. Therefore, the petitioner shall be released on bail after executing a bond for a sum of Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court till 01.04.2025. The petitioner shall surrender before the jurisdictional court on 01.04.2025.” 6. Today it is submitted that the petitioner surrendered back to the jurisdictional court after the interim bail period. The counsel for the petitioner again argued the matter on merit. Admittedly the contraband seized is 2025:KER:28031 BAIL APPL. NO. 7487 OF 2024 4 commercial quantity. Section 37 of the NDPS Act is attracted in the facts and circumstances of the case. The counsel for the petitioner submitted that the petitioner is in custody for about 348 days. The petitioner can move the bail application after some time before the trial court. Granting liberty to the petitioner to move the trial court after some time, this Bail Application is disposed of. sd/- P.V.KUNHIKRISHNAN JUDGE jv