IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 970 of 2010()
1. BASHEER @ MADHU BASHEER, AGED 29 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE STATION
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 970 OF 2010
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Dated this the 19th day of February, 2010
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 C.C.No.76
of 2009 on the file of the Court of the Chief Judicial Magistrate,
Kasaragod.
2. The offences alleged against the petitioner are under
Section 420 of the Indian Penal Code and Section 21(1)(b) of the
Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case is that the accused persons
entrusted to the de facto complainant, who was working abroad, a jar
containing pickle. He was directed to hand over the same to some
other person who was working abroad. The de facto complainant
realised that inside the jar something else was kept. On information
given to the police, the crime was registered. It was found that a
quantity of 20 grams of ganja was kept concealed in the jar.
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4. It is stated that during crime stage, though the petitioner
along with the other accused filed B.A.No.7372 of 2007 for
anticipatory bail, that prayer was rejected by the order dated
30.11.2007. Later, he was arrested and he was remanded. It is
submitted that subsequently bail was granted.
5. Thereafter, the petitioner submits that he did not receive
summons. Non-bailable warrant was issued against him. The
petitioner was arrested on 2.2.2010. Though the petitioner moved an
application for bail, the same was rejected by the learned Chief
Judicial Magistrate, Kasaragod by the order dated 2.2.2010. The
petitioner is in judicial custody since 2.2.2010.
6. The learned counsel for the petitioner submitted that the
petitioner is prepared to comply with any condition that may be
imposed by the Court.
7. 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 other circumstances, I am of the view
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that bail can be granted to the petitioner.
8. 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 Chief Judicial Magistrate, Kasaragod, subject
to the following conditions:
a) The petitioner shall appear before the Court on all
posting dates of the case without fail unless he is
prevented from doing so for reasons beyond his control;
b) The petitioner shall surrender his passport before the
Court of the Chief Judicial Magistrate, Kasaragod within
a period of one week. If the petitioner does not hold an
Indian Passport, an affidavit sworn to by him shall be
filed before the learned Magistrate within one week;
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
B.A. NO. 970 OF 2010
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ahz/