Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE7H DAY OF JANUARY201417TH POUSHA, 1935 Bail Appl..No. 51 of 2014 () ---------------------------------------- CRIME NO. 622/2013 OF KUMBLA POLICE STATION , KASARGOD ------------- PETITIONER/ACCUSED: --------------------------------- ABDUL AZEEZ @ AZEEZ, AGED43YEARS, S/O.ABDULLA, R/AT M.H.HOUSE, HASHEEM STREET, THERUVATH, THALANGARA, KASARAGOD DISTRICT. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SENIOR PUBLIC PROSECUTOR SRI.E.M.ABDUL KHADIR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0701-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ THOMAS P. JOSEPH, J.
========================= Bail Application No.51 of 2014 ============================ Dated this the 7th day of January, 2014 ORDER
Petitioner is the 4th accused, in Crime No.622 of 2013 of the Kumbla police station for the offences punishable under Secs. 20(b) (ii) and 29(1) of the NDPS Act for alleged transportation of 2.145 Kgs. of ganja, is in custody from 29.10.2013 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that accused 1 and 2 were arrested with the contraband and questioned. That led to the arrest of the 3rd accused. Investigation revealed that the petitioner has signed pay slip for deposit of Rs.49,500/- in the State Bank of Travancore, Kasaragod Branch for getting ganja from Idukki. It is submitted that petitioner is involved in Crime No. 235 of 2013 of the Kumbla police station for the offence under the NDPS Act, was granted bail in that case but jumped the bail. B.A No.51 of 2014 2 3. Learned counsel submits that the quantity involved is intermediate quantity and final report is not so far filed. Hence the petitioner who is custody since 29.12.2013 is entitled to get statutory bail.
4. Learned Public Prosecutor also admits that the final report is not filed. In the circumstances, I am inclined to accept the argument of the learned counsel. But the grant of bail must be subject to stringent conditions to prevent recurrence of such incidents in future. Petitioner is granted bail in Crime No.622 of 2013 of the Kumbla 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 Sessions Judge, Kasaragod subject to the following conditions:- a) One of the sureties, whether or not he/she has landed properties shall be the father/mother/brother of the petitioner. b) Petitioner shall surrender his passport before the learned magistrate while executing the bail bond and in case he has none, file affidavit to that effect. c) Petitioner shall report to the Investigating Officer B.A No.51 of 2014 3 on every Monday, Wednesday and Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report. d) Until otherwise ordered and except with the permission of the learned Principal Sessions Judge, Kasaragod the petitioner shall not go beyond Kasaragod District unless it is to attend any court. e) Petitioner shall report to the investigating officer as and when required for interrogation. f) Petitioner shall not get involved in any offence during the period of this bail. g) Petitioner shall not intimidate/influence the witnesses. h) It is made clear that in case any of the above conditions is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned Principal Sessions Judge, Kasaragod as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv