IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 763 of 2010()
1. SANKARAN, S/O. APPUTTY, AGED 40 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No763 of 2010
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Dated this the 18th day of February, 2010
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the sole accused
in Crime No.1 of 2010 of Nilambur Excise Range.
2. The offence alleged against the petitioner is under
Section 20(a)(i) of the Narcotic Drugs and Psychotropic
Substances Act.
3. The prosecution case is that two cannabis plants were
found to have been cultivated in the residential compound of the
petitioner. The crime was detected on 28.1.2010. The
petitioner was arrested on 28.1.2010 and he was remanded to
judicial custody on 29.1.2010.
4. The Special Judge for NDPS Act cases dismissed the
application for bail submitted by the petitioner by the order
dated 1st February, 2010. The investigation has progressed
much thereafter. I do not think it is necessary to detain the
petitioner further. The bar under Section 37(1)(b)(ii) of the Act
would not apply in the present case.
BA No.763/2010 2
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioner.
The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties for the like
amount to the satisfaction of the Special Judge (NDPS Act
Cases), Vatakara, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays, till the final
report is filed or until further orders;
b) The petitioner shall appear before the investigating officer
for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN,
JUDGE
csl