IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4876 of 2009()
1. ASKAR, S/O.ASHRAF, AGED 31 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.SAMSUDIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No.4876 of 2009
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Dated this the 17th 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 accused No.2 in
Crime No.365/2009 of Nilambur 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 6/8/2009, the accused
persons, three in number, were together found in front of a shop
and a total quantity of 3.138 Kgs of ganja was seized from them.
The first accused was found in possession of 1.596 Kgs of ganja.
The second accused and third accused were found in possession
of 690 gms and 852 gms of ganja respectively. The petitioner
was arrested on 6/8/2009 and he was remanded to judicial
custody.
4. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
B.A. No.4876/ 2009
2
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.
5. 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 Sessions Court (Spl. Court for
NDPS 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, 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