FISAL P.J. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(2.) The petitioner, accused No.3 in Crime No.1068/2024 of Angamaly Police Station, seeks statutory bail under Sec. 187 of the BNSS read with sub-sec. (4) of Sec. 36A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The offences alleged against the petitioner are punishable under Ss. 22(c), 8(c) and 27(a) read with Sec. 29 of the NDPS Act.

(3.) The petitioner was arrested on 18/2/2025. At the first instance, he remained in judicial custody till 24/5/2025. On 24/5/2025, he was granted interim bail on medical grounds. He remained on interim bail till 9/9/2025. The learned counsel for the petitioner seeks statutory bail, contending that the period during which he was granted interim bail is also be treated as custody as he had not enjoyed the benefit of absolute liberty.