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High Court of KeralaBail Appl./18/2015allowed

Ismayil v. The State Of Kerala

2015-01-123 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 Bail Appl..No. 18 of 2015 () ----------------------------- CRIME NO. 4/2014 OF HARIPAD EXCISE RANGE OFFICE, ALAPPUZHA ------------------- PETITIONERS/ACCUSED NO.1 & 2 :

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1. ISMAYIL, AGED 24 YEARS, S/O.KUNJABDULLA, MAVULLATHIL VEEDU, MEMUNDA VILLAGE, VADAKARA, KOZHIKKODU.

2. MANSHAD, AGED 25 YEARS, S/O.ABDULLA, POOVULLA PARAMBATH, MEMUNDA VILLAGE, VADAKARA, KOZHIKKODU.

BY ADVS.SRI.E.RAFEEK SRI.V.V.H.GOKUL DAS RESPONDENT :

--------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW,J.

----------------------------------------------- Bail application No. 18 of 2015 ----------------------------------------------- Dated this the 12th day of January, 2015

O R D E R

Petitioners are accused in Excise Crime No.4 of 2014 of Harippad Excise Range Office registered for the offences under Sections 21(c), 22(b) and 29 of NDPS Act.

2. It is submitted that they have been in custody since 23.06.2014 and they are entitled to statutory bail.

3. Heard both sides.

4. As they have been in custody since 23.06.2014, the petitioners are entitled to bail.

In the result, the application is allowed.

1. The petitioners shall be released on bail after interrogation on their executing bond for Rs.1,00,000/- (Rupees One lakh only) with three solvent sureties each for the like sum each to the satisfaction of the learned Magistrate concerned.

2. Petitioners shall appear before the investigating officer between 10.30 a.m. and 11.30 a.m. on every 1st and 3rd Saturdays for four months, or till the final report is filed, whichever is earlier.

B.A. No. 18 of 2015

3. They shall not commit any offence under the Abkari Act or NDPS Act while they are on bail.

4. They shall not leave the jurisdiction of the Principal Sessions Court, Kozhikode except with the directions in this order.

5. They shall surrender their passports, if any, before the learned Magistrate concerned and if they don't have one, they shall file affidavit to that effect within 7 days of their release.

6. They shall not intimidate or attempt to influence the witnesses, nor shall they destroy or attempt to destroy the evidence or interfere with the investigation.

7. If the petitioners violate any of the above conditions, the court concerned is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE //true copy// P.A to Judge