IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2651 of 2010()
1. SIVADAS, S/O.AYYAPPAN,
... Petitioner
2. ASHRAF, S/O.USMAN, AGED 40 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. S.H.O. VATAKARA POLICE STATION.
For Petitioner :SRI.N.SHANOJ
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :06/05/2010
O R D E R
P.Q. BARKATH ALI, J.
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B.A. No. 2651 of 2010
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Dated this the 6th day of May, 2010
O R D E R
This is a bail application filed by accused 1 and 2 in
Crime No.324 of 2010 of Vatakara Police Station under
section 439 of Cr.P.C.
2. The allegation against the petitioners is that they
along with 3rd and 4th accused were found in possession of
61/2 k.gms. of Ganja in the New Bus Stand situated in
Narayana Nagaram of Vatakara on 13.3.2010 at 6.10a.m.
and have thus committed the offence punishable under
section 20(b)(II)(B) of Narcotic Drugs and Psychotropic
Substances Act.
3. The petitioners were arrested on the spot and are
in remand thereafter. Bail applications filed before the
Special Judge (Narcotic Drugs and Psychotropic Substances
Act Cases) were dismissed.
4. Heard the learned counsel for the petitioner and
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the learned Public Prosecutor. This petition is opposed by
the learned Public Prosecutor.
5. The petitioners were arrested on March 13, 2010
and are in remand thereafter. Further they were found in
possession of 2k.gms. And 1k.gm of Ganja, which is in
between small quantity and commercial quantity, which is
shown as item No.55 of the notification No.S.O.1055(E)
dated 19.10.2001. Therefore, the rigour of section 37 of the
Act is not applicable to this case. The 1st petitioner is aged
72. Further the learned Public Prosecutor submits that
investigation in this case is almost over. Third accused has
already been granted bail by this Court by order in
B.A.2294/2010 dated April 27, 2010. Therefore I feel that
petitioners can be released on bail, but on conditions.
6. In the result, the petition is allowed. The
petitioner shall be released on bail on his executing a bond
for Rs.25,000/- (Rupees Twenty Five Thousand only) with
two solvent sureties for like sum each to the satisfaction of
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the lower court on the following conditions:-
1) The petitioners shall report before the
Investigating Officer on all Mondays at
10 a.m.
2) The petitioners shall not commit
similar offence while on bail.
3) The petitioners shall co-operate with
the investigation and shall not try to
influence the prosecution witnesses or
tamper with the evidence.
4) Petitioners shall not leave the
jurisdiction of the trial court without
prior permission.
5) In case of breach of any of the
conditions mentioned above, lower
court can cancel their bail.
P.Q. BARKATH ALI, JUDGE.
B.A. No. 2651 of 2010
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jvt