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High Court of KeralaBail Appl./4320/2015allowed

Sumesh v. The State Of Kerala

2015-08-11Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Bail Appl..No. 4320 of 2015 () ------------------------------- CRIME NO. 33/2015 OF THIRUNELLI POLICE STATION , WAYANAD DISTRICT ---------------------- PETITIONER(S)/ACCUSED NOS.1 & 2:

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1. SUMESH, S/O.MURALEEDHARAN,AGED 26 YEARS, CHALAPURATH HOUSE, MANGALAM, VADAKKANCHERY, THRISSUR DISTRICT.

2. SANDEEP, S/O.SASI, AGED 36 YEARS, KALATHILTHARA HOUSE, NARIKUNDU, AMBALAVAYAL, WAYNAD DISTRICT.

BY ADVS.SRI.BABU S. NAIR SRI.P.A.RAJESH RESPONDENT(S)/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

2. THE SUB INSPECTOR OF POLICE, THIRUNELLI POLICE STATION, WAYNAD DISTRICT, PIN -673 701.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No.4320 of 2015 ------------------------------------------- Dated this the 11th day of August, 2015

ORDER

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are the accused in Crime No.33 of 2015 of Thirunelli Police Station, Wayanad District. They are said to have committed the offence under Section 20(b) ii(c ) of the Narcotic Drugs and Psychotropic Substances Act. 3.

The petitioners have been in custody since 12.02.2015. Final report has so far not been filed. No extension application also has been filed. So I am compelled to grant them bail.

In the result, this application is allowed.

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

2. They shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Monday and Thursday for four months or till the final report is filed, whichever is earlier.

3. They shall surrender their passports before the lower court concerned or if they do not have the one, file an affidavit to that effect.

B.A.No.4320 of 2015

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

5. They shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.

6. They shall not intimidate or attempt to influence the witnesses.

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 R.AV //True Copy// PA to Judge