IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5814 of 2009()
1. SUBHADRA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.K.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5814 OF 2009
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Dated this the 15th day of October, 2009
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.2 of
2009 of Thiruvananthapuram Excise Range.
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 9.9.2009, a quantity of 2.5
kilograms of ganja was seized from the house of the petitioner. The
petitioner was arrested on 9.9.2009 itself and she was remanded to
judicial custody.
4. Learned counsel for the petitioner submitted that the
petitioner is not involved in any other case of a similar nature. The
petitioner is a widow and she has several ailments including
diabetes, blood pressure and heart diseases.
5. Taking into account the facts and circumstances of the
B.A. NO. 5814 OF 2009
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case, the duration of the judicial custody undergone by the petitioner,
the nature of the offence and also taking note of the fact that the
petitioner is a widow, I am of the view that bail can be granted to the
petitioner on stringent conditions.
6. The petitioner shall be released on bail on her executing
bond for Rs.25,000/- with two solvent sureties for the like amount to
the satisfaction of the Principal Sessions Court,
Thiruvananthapuram, 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 a period of one month and thereafter on
alternate 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
ahz/