IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2573 of 2010()
1. P.V.ABDUL SALAM, S/O.KUNHIBABA,
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :11/05/2010
O R D E R
P.Q. BARKATH ALI, J.
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B.A. No. 2573 OF 2010
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Dated this the 11th day of April, 2010
O R D E R
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This is a bail application filed by the accused in S.C.5/2010
on the file of the Court of the Special Judge (NDPS Act Cases)
Vadakara under section 439 of the Cr.P.C.
2. The petitioner is the 3rd accused in Crime No.1/2005 of
Excise Inspector, Sulthan Bathery. The allegation against the
petitioner is that on 22.1.2005, he along with accused Nos. 1, 2,
4 and 5 transported 50kgs. and 950 grams of opium from
Rajastan to Kerala in a mini lorry bearing registration No.
RJ-06-G-2199 and thereby committed an offence punishable
under section 18(b) of the Narcotic Drugs and Psychotropic
Substances Act. The case was charge sheeted and taken on file
as S.C.No.19/2005. Accused Nos.1 and 2 faced the trial and the
1st accused was convicted and the 2nd accused was acquitted by
the lower court. As the petitioner was absconding, the case
against him was transferred to L.P. register as L.P.No.10/2006.
The petitioner was arrested and produced on 5.4.2010 before the
BA No.2573/2010 2
lower court and the case was refiled as S.C.No.5/2005. The
learned Special Judge (NDPS Act Cases) Vadakara dismissed his
bail application.
3. It is alleged in the petition that the petitioner was
never absconding that he had filed Cr.M.C. 2598/2005 for
discharging him and also approached the Hon’ble Supreme
Court.
4. Notice given to the learned Public Prosecutor. Heard
learned counsel for the petitioner and the learned Public
Prosecutor. This petition is strongly opposed by the learned
Public Prosecutor.
5. It is the admitted fact that he was once released on
bail. Further, the counsel for the petitioner produced the
judgments of the lower court, in which the 1st accused was
convicted and the 2nd accused was acquitted. The petitioner was
impleaded in this case as an accused only on the basis of a
telephone number given by the 1st accused. The petitioner
BA No.2573/2010 3
undertakes that he will appear before the trial court on all
hearing dates. In these circumstances, I feel that the petitioner
can be released on bail.
6. In the result, the application is allowed. The petitioner
shall be released on bail on his executing a bond for Rs.25,000/-
with two solvent sureties for like sum each to the satisfaction of
the lower court on the following condition:-
The petitioner shall appear before the
trial court on all hearing dates, failing
which the lower court can cancel his bail.
(P.Q. BARKATH ALI, JUDGE)
ps