Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 Bail Appl..No. 3102 of 2019 [AGAINST THE ORDER/JUDGMENT IN Crl.MP 255/2019 of SPECIAL COURT (NDPS ACT CASES), VADAKARA DATED 26-03-2019 CRIME NO. 4/2019 OF Perinthalmanna Excise Circle Office , Malappuram] PETITIONERS/ACCUSED : 1 VISHNU, AGED 21 YEARS S/O.RAVIKUMAR, POOLAKKAL VETTIL, KONGAD AMSOM, POOTHANGODE, MACHURI DESOM, PALAKKAD. 2 MUHAMMED MUSTHAFA, AGED 33 YEARS S/O.HAMSA, PAZHAYA PEEDIKA VEETIL, POTTASSERI AMSOM, PACHAKKAD KONNAKODE DESOM, MANNARKKAD TALUK, PALAKKAD. BY ADVS. SRI.BONNY BENNY SMT.HASEENA K.A. RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. OTHER PRESENT: BY PUBLIC PROSECUTOR SRI C K PRASAD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: :-2-:
O R D E R
This is an application for bail under Section 439 Cr.P.C.
2. The petitioners are the accused in NDPS CR
No.4/2019 of Perinthalamanna Circle, Malappuram for the offences punishable under Section 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act,1985 (hereinafter referred to as 'the NDPS Act').
3. The prosecution case is that on 12.3.2019 at 11.30
a.m. by the side of Palakkad-Perinthalmanna road in front of Sacred Heard C.M.I. Public School in Ponniyakurissi desom Perinthalmanna amsom, the petitioners/accused persons were found transporting 1550 grams of ganja in a motor cycle bearing No.KL 52A 6486 and thereby committed the offences punishable under Section 20(b)(ii)(B) read with Section 29 of the NDPS Act.
4. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
5. The petitioners were arrested and produced before
the learned Special Judge(NDPS Act Cases), Vadakara on 12.3.2019 and they were remanded to judicial custody. Considering the fact that the petitioners have been in judicial custody since 12.3.2019, further detention of the accused persons in judicial custody is not required :-3-: particularly considering the fact that the petitioners were found transporting 1550 grams of ganja, which is not a commercial quantity as defined under the Act and Rules framed thereunder. In the result, the petition is allowed and the petitioners shall be released on bail on the following conditions:-
i) The petitioners shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the Magistrate's court concerned. ii) The petitioners shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on all Mondays and Thursdays for a period of three months after being released on bail. iii) The petitioners shall not in any manner intimidate or influence the prosecution witnesses. They will not in any manner contact or try to contact the prosecution witnesses, even over phone or otherwise. iv) The petitioners shall surrender their passports in the Magistrate's court/jurisdictional court concerned within three days of their release on :-4-: bail. If they do not possess any passport, they shall file affidavit to that effect in that court within that period. v) The petitioners shall not leave the State of Kerala without the prior permission of the jurisdictional court concerned. vi) If the petitioners violate any of the conditions of bail, it is open to the Court having jurisdiction over the case to cancel their bail without any further orders from this Court but in accordance with law. Sd/- N.ANIL KUMAR, JUDGE MBS/