Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE4H DAY OF NOVEMBER201313TH KARTHIKA, 1935 Bail Appl..No. 7312 of 2013 () ------------------------------- CRIME NO. 1221/2013 OF KOTTIYAM POLICE STATION , KOLLAM DISTRICT -------------------------------------------- PETITIONER/1ST ACCUSED: ---------------------------------------------- NOUSHAD, AGED34YEARS, S/O. KHALID, PERUMANNA THODIYIL VEEDU, CHIRAVAYAL, ERAVIPURAM VILLAGE, KOLLAM. BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/STATE : ----------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0411-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.7312 of 2013 -------------------------------------------- Dated this the 4th day of November 2013 ORDER
Petitioner is the accused, in Crime No.1221 of 2013 of the Kottiyam Police station for the offences punishable under Secs.20(b)(ii)(B) of the NDPS Act, 1985 for alleged possession of 1.350 kgs of Ganja on 10.06.2013, is in custody from 29.08.2013 and seeks bail.
2. Learned Public Prosecutor has submitted that the petitioner is involved in three other cases - Crime No.256 of 2013 of the Killikolloor Police station and Crime No.1 of 2012 of the Chathannur Excise Range office for the offence punishable under the NDPS Act,1985 and Crime No.10 of 2013 of the Iravipuram Police station for the offence under the Arms Act.
3. Learned counsel has, referring to the long period of detention requested for bail.
4. Since the petitioner is in custody from 29.08.2013 and his further detention is not required in this case, I am inclined to grant bail but, subject to stringent conditions to prevent recurrence of such Bail Appl. No.7312 of 2013 2 incidents in future. Resultantly, the application is allowed as under.
1. Petitioner is granted bail in Crime No.1221 of 2013 of the Kottiyam Police station and shall be released (if not required to be detained otherwise) on his executing bond for Rs.35,000/- (Rupees thirty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions. a) The bail bond shall be executed within three weeks from this day. b) One of the sureties shall be a close relative of the petitioner. c) Petitioner shall (unless he is required to appear before any lawful authority and as directed on the relevant day) report to the SHO, Kottiyam Police station on every Monday and Saturday between 10 a.m. and 12 p.m. until otherwise ordered by the Principal Sessions Judge, Kollam. Bail Appl. No.7312 of 2013 3 d) Petitioner shall report to the investigating officer as and when required for interrogation. e) Petitioner shall not except if necessary for compliance of the above conditions go beyond Iravipuram village unless otherwise ordered or except with the permission of the learned Principal Session Judge, Kollam. f) Petitioner shall not get involved in any offence during the period of this bail. g) In case any of the above conditions is violated, it is open to the investigating officer to file application before the learned Principal Sessions Judge, Kollam for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P. JOSEPH JUDGE NS