IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5230 of 2009()
1. KUNHIMUHAMMED @ KUNHIMON, S/O. ASSAINAR,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5230 of 2009
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Dated this the 30th day of September, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
Crime No.741/2009 of Tirur Police Station, Malappuram.
2. The offence alleged against the petitioner is under
Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic
Substances Act.
3. The prosecution case is that on 26/8/2009, the
petitioner was found in possession of 1.100 Kg of ganja. He was
arrested on the same date. The petitioner is in judicial custody.
4. The learned counsel for the petitioner submitted that
the petitioner is not involved in any other case of a similar
nature. The learned counsel also submits that the petitioner
undertakes that he will not commit any offence of a similar
nature, if bail is granted to him in this case.
5. Taking into account the facts and circumstances of the
case and also the undertaking made by the petitioner, I am of the
view that bail can be granted to the petitioner on stringent
B.A. No. 5230/2009
2
conditions.
6. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each for the like
amount to the satisfaction of the court of the Spl. Judge (N.D.P.S.
Act cases) Vadakara 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, Wednesdays and
Fridays, 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
scm