Vishal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 Bail Appl..No. 3908 of 2015 ----------------------------------------- CRIME NO. 353/2015 OF MALA POLICE STATION , THRISSUR ---------------- PETITIONER(S)/ACCUSED PERSONS 2,4 AND 5 :

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1. A2, VISHAL AGED 25 YEARS, S/O.MANOHARAN, KOOTTUKARA HOUSE, GURUTHIPPALA STOP, ANANELLORE VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT.

2. A4, SHYAM, AGED 23 YEARS, S/O.MOHAN, CHOWATTU HOUSE, ANNAPPARA DESOM, ANANELLORE VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT.

3. A5, SUMESH, AGED 40 YEARS, S/O.KUTTAN, VELUTHAI HOUSE, VENNUR DESOM, KALLOOR THEKKUMURI VILLAGE, THRISSUR DISTRICT. BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO RESPONDENT(S)/STATE OF KERALA:

------------------------------------------------------------ THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MALA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM- 682 031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.3908 of 2015 -------------------------------------------- Dated this the 10th day of July 2015

O R D E R

Petition filed under Sec.439 Cr.P.C.

2. Petitioners are accused nos.2,4 and 5 in Crime No.353 of 2015 of Mala Police station registered for the offences under Secs.20(b)ii(B) of the Narcotic Drugs and Psychotropic Substances Act. The prosecution case is that the police seized 1.800 kg of ganja from the possession of the accused.

3. Heard both sides.

4. The petitioners have been in custody since 17.04.2015. The 3rd accused has already been granted bail by the Sessions Court. Investigation is complete. Further detention of the petitioners is not necessary for effective investigation. So I am inclined to grant the prayer of the petitioners.

In the result, this bail application is allowed.

1. The petitioners will be released on bail on his executing a bond for Rs.1,00,000/-

B.A. No.3908 of 2015 2 (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2. They shall appear before the investigating officer between 10.30 a.m and 11.30 a.m. every Friday for four months, or till the final report is filed, whichever is earlier.

3. The petitioners shall surrender their passport before the lower court concerned or if they do not have the same, file affidavits to that effect.

4. The petitioners shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

5. The petitioners shall not destroy or tamper with evidence.

6. The petitioners shall not intimidate or attempt to influence the witnesses.

7. The petitioners shall not get themselves

B.A. No.3908 of 2015 3 involved in any other criminal case.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge