Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE2D DAY OF JANUARY201412TH POUSHA, 1935 Bail Appl..No. 8704 of 2013 () ------------------------------- CRIME NO. 2102/2013 OF KOLLAM EAST POLICE STATION , KOLLAM PETITIONER/2ND ACCUSED: ----------------------- JAGANATHAN, AGED40YEARS S/O.MAYANDI THEVAR, DOOR NO.141A, MALLAI SALAI STREET KUMMANNAN THOLU DESOM, ANDIPETTI TALUK, THENI DISTRICT TAMIL NADU. BY ADVS.SRI.PRATHEESH.P SMT.CHITHRA.S.BABU RESPONDENT/STATE: ------------------ STATE OF KERALA, THROUGH THE CIRCLE INSPECTOR OF EXCISE KOLLAM EAST POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR: ADV.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0201-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.
========================= B.A.No.8704 of 2013 ============================ Dated this the 02nd day of January, 2014
ORDERPetitioner is the second accused, in Crime No.2102 of 2013 of the Kollam East Police Station for the offences punishable under Secs.20(b)(ii)B of the NDPS Act, 1985 for alleged possession of 10.815 kgs of ganja on 13.10.2013, is in custody from 14.10.2013 and seeks bail.
2. Learned Public Prosecutor has submitted that investigation of the case is not completed and that the petitioner is not reported to be involved in any other case, so far. But, as he belongs to the State of Tamil Nadu, his presence for investigation/trial of the case has to be ensured in case this Court is inclined to grant bail.
3. Learned counsel for the petitioner submits that the petitioner is prepared to offer one of the sureties belonging to and having property in the State of Kerala.
4. Considering the alleged role of the petitioner in the incident and accepting the offer made by the learned counsel for the petitioner, I am inclined to grant bail having regard to the fact that the petitioner is in custody from 14.10.2013 but subject to B.A.No.8704 of 2013 2 conditions. Resultantly this application is allowed as under: (i) Petitioner is granted bail in Crime No.2102 of 2013 of the Kollam East Police Station and will be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with three sureties for the like sum each to the satisfaction of the learned Principal Sessions Judge, Kollam and subject to the following conditions: (a) One of the sureties shall be belonging to and having landed property in the State of Kerala as offered by the learned counsel. (b) Petitioner shall surrender his passport, if any before the learned Principal Sessions Judge while executing the bail bond and in case he has none, file affidavit to that effect. (c) Petitioner shall report to the Officer investigating Crime No.2102 of 2013 of the Kollam East Police Station on every Monday and Saturday between 4 p.m and 5 p.m until otherwise ordered by the learned Principal Sessions Judge. (d) Petitioner shall report to the Investigating Officer as and when directed for interrogation. (e) Petitioner shall not until otherwise ordered or except with the permission of the B.A.No.8704 of 2013 3 learned Principal Sessions Judge go beyond Kollam district. (f) Petitioner shall not, during the period of this bail get involved in any offence. (g) Petitioner shall not intimidate or influence witnesses. (h) In case of violation of any of condition Nos. (b) to (g), the bail granted hereby is liable to be cancelled by moving application before the learned Principal Sessions Judge. Kollam as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC100. (i) In case passport is surrendered and it is required to be returned for any period, it is open to the petitioner to move learned Principal Sessions Judge, Kollam for such purpose stating reasons. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge