Court says recovery is complete, investigation is nearly over, and accused has no criminal antecedents; imposes strict conditions including weekly police appearance.
Kochi: The Kerala High Court has granted regular bail to a woman accused in a narcotics case under the NDPS Act, holding that her continued detention was not necessary as the recovery had already been effected and the investigation was almost complete.
Justice Dr. Kauser Edappagath passed the order on a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant was the second accused in Crime No. 648/2026 registered by Vatakara Police Station in Kozhikode district.
According to the prosecution, the accused had allegedly conspired with others for the transportation and sale of narcotic drugs. The case arose after the first accused was found in possession of 2.108 grams of MDMA on June 28, 2026, near Rolex Oil Industries, Ice Plant Road, Vatakara. The prosecution further alleged that financial transactions connected to the offence were routed through the applicant’s bank account.
The defence argued that the applicant was innocent and had been falsely implicated, and that there was no material linking her directly to the alleged offence. The prosecution opposed the bail plea, contending that the accused had participated in intentional criminal acts.
After considering the submissions and the case diary, the Court noted that the applicant had been in judicial custody since July 11, 2026, that the recovery had already been completed, that the investigation was nearly over, and that she had no criminal antecedents. In these circumstances, the Court held that there was no reason to continue her detention.
Allowing the bail application, the Court directed that the accused be released on executing a bond of Rs. 1,00,000 with two solvent sureties for the like amount each to the satisfaction of the jurisdictional Magistrate or Court.
The Court also imposed several conditions: the accused must cooperate with the investigation, appear before the investigating officer every Saturday between 10 a.m. and 11 a.m. until further orders, and appear whenever required. She has been restrained from committing any similar offence, contacting prosecution witnesses, tampering with evidence, or influencing witnesses. She has also been barred from leaving Kerala without the trial court’s permission.
The Court further clarified that any request for modification or deletion of the bail conditions, or cancellation of bail for violation of conditions, must be moved before the jurisdictional court.
Bottom Line :
NDPS Act - Regular bail granted to accused implicated on allegation that financial transactions relating to transportation and sale of MDMA were made through her bank account - Recovery already effected, investigation almost over, accused in custody since 11.07.2026 and having no criminal antecedents - Continued detention held unnecessary.
Statutory provision(s): Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
Keerthana K.C. v. State of Kerala, (Kerala) : Law Finder Doc id # 2984411