IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 162 of 2010()
1. ABDURAHIMAN, AGED 19
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE
... Respondent
2. STATE OF KERALA
For Petitioner :SRI.T.A.SHAIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 162 of 2010
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Dated this the 18th day of January, 2010
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.
143/2009 of Pandikkad Police Station.
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 12.11.2009, the
petitioner was found in possession of 1.024 kg of ganja. On
seeing the police party, the accused, who was sitting in an
autorickshaw parked near a Milma Booth, ran away. The
petitioner surrendered before the Court on 09.12.2009 and he
was remanded to judicial custody.
4. It is submitted by the learned counsel for the petitioner
that the petitioner is not involved in any other case of similar
nature.
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
B.A. No. 162 of 2010 2
petitioner.
6. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties each for the like
amount to the satisfaction of the Court of the Special 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 and Thursdays for
two months and thereafter 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
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