Aboobacker v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 Bail Appl..No. 341 of 2015 () ------------------------------ CRIME NO. 8/2014 OF TALIPARAMBA EXCISE RANGE. .......

PETITIONER/ACCUSED:

----------------------------------- ABOOBACKER. C., S/O.UMMER, AGED 36 YEARS, CHOKRANTAKATH VEETTIL, ELAMBIRAMPARA, KOOVERI AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

BY ADV. SRI.O.V.MANIPRASAD.

RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, (THE EXCISE CIRCLE INSPECTOR, TALIPARAMBA EXCISE RANGE, CRIME NO.8/2014), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

B.KEMAL PASHA, J.

................................................................ B.A. No.341 of 2015 ............................................................... Dated this the 22ndday of January, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.8/2014 of the Kannur Excise Enforcement and Anti-narcotic Special Squad, Taliparamaba, registered for the offence punishable under Section 8(C) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,1985. 3.

The allegation against the petitioner is that on 11.12.2014 at 9.10 a.m., he was found in possession of 1.600 kg of ganja, in contravention of the provisions of the NDPS Act. He was arrested on 11.12.2014 and thereafter he has been in custody.

4.

Heard learned counsel for the petitioner and the

B.A.No.341 of 2015 -: 2 :- learned Public Prosecutor. Perused the CD.

5.

No criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.

6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below, and subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11

B.A.No.341 of 2015 -: 3 :- a.m. on all Thursdays and Mondays commencing from 29.01.2015 for a period of six months.

(ii) The petitioner shall not tamper with the evidence or influence witnesses.

(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(iv) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge