Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD DAY OF JANUARY 2013 3RD MAGHA 193 Bail Appl..No. 394 of 2013 () ----------------------------- CRIME NO. 358/2012 OF KODUVALLY POLICE STATION , KOZHIKODE PETITIONER/ACCUSED(S) : ------------------------------------- JOSE ANTONY AGED 2 YEARS S/O.ANTONY,MAPPANADIYIL,KARUNAPURAM IDUKKI DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS/COMPLAINANT(S)&STATE : ------------------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE KODUVALLY PLICE STATION,KOZHIKODE DISTRICT.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKLULAM-682 031. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - B.A. No. 394 of 2013 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2013. ORDER The petitioner was apprehended with 1.035 kgs. of Ganja in his possession and was remanded to custody on 25.11.2012.
2. The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. According to him, he has nothing to do with the contraband article said to have been seized. At any rate, according to him, he has been in custody from 25.11.2012 onwards and his continued custody is unnecessary.
3. Learned Public Prosecutor opposed the application by pointing out that the petitioner is involved in another crime, Crime No.779 of 2008, for similar offence. It is also pointed out that the investigation is going on.
4. After having heard learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, the claim of the petitioner that he is B.A.394/2013. 2 innocent cannot be accepted. There are materials to show that the contraband article was infact seized from his possession. However, the fact remains that the petitioner has been in custody from 25.11.2012 and a good part of the investigation must have been completed by now. It is true that the petitioner is stated to have been involved in another crime of similar nature. Considering the period of custody undergone by the petitioner, and since no apprehension is expressed by the investigating agency that if released on bail the petitioner is likely to abscond, his continued custody appears to be unnecessary. Therefore, this application is allowed on the following conditions: i) Petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of Special Judge (NDPS Act Cases) Vatakara. B.A.394/2013. 3 ii) The learned Special Judge may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond. iii) Petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m. till final report is laid. iv) Petitioner shall not leave State of Kerala without the prior permission of the Special Judge. v) Petitioner shall not indulge in similar offences while on bail. vi) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. vii) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled, and the Special Judge concerned may take such steps as are available to him in law. P. BHAVADASAN, JUDGE sb.