IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5028 of 2006()
1. NABEESA, W/O.HABEEB,
... Petitioner
Vs
1. THE C.I. OF POLICE,
... Respondent
2. THE STATE OF KERALA, REPRESENTED
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :17/08/2006
O R D E R
J.M.JAMES, J.
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B.A. 5028/2006
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DATED THIS THE 17TH DAY OF AUGUST, 2006
O R D E R
The petitioner, the second accused, in crime
No.115/2006 of Pandikkad Police Station was
unsuccessful in getting bail from the Court of the Special
Judge (NDPS Act Cases), Vadakara, as the bail application
of the petitioner was dismissed, on the ground that the
investigation has not progressed and she may get bail on
the latter stage. Hence the petitioner is before this Court,
under Section 439 Cr.P.C.
2. The petitioner was arrested on 9.7.2006 and
remains in judicial custody from 10.7.2006. 40 kgs of
ganja was seized from the house of the petitioner. As the
petitioner is working as a home nurse in different houses,
she used to hand over the key to the adjacent house,
Eleven year old son of the petitioner alone was in the
house. The police received some information that the first
accused, who is habitually engaging himself in
B.A.5028/2006
2
transactions in ganja and other contraband items, had
kept forty kgs of ganja in the house of the petitioner.
The counsel submitted that the petitioner is unaware of
the storing of the ganja in her house, as she was away
from the house. When the police went to the house, the
first accused ran away and escaped. The petitioner had
been arrayed as accused, only because she is the owner
of the house.
3. The learned Public Prosecutor submitted that
the investigation has progressed much, but for getting
the report from the chemical analysis laboratory.
4. In the above facts situation, I grant bail and
release the petitioner from jail, subject to the following
condition:-
(a). The petitioner shall execute a bond
for Rs.25,000/-, with two solvent
sureties, each for the like sum, to the
satisfaction of the Special Judge (NDPS
Act Cases), Vadakara. At that time,
the learned Sessions Judge is authorised
to impose such conditions, which are
B.A.5028/2006
3
deemed necessary, so that the petitioner
would be available before the Court, for
the trial and disposal of the Sessions
Case.
The application is allowed as above.
J.M.JAMES
JUDGE
mrcs