Prasannan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 Bail Appl..No. 4349 of 2015 () ------------------------------- (CRIME NO.2/2015 OF ATTINGAL EXCISE RANGE) --------------- PETITIONER/ACCUSED:

------------------------------------- PRASANNAN, S/O.KUNJIRAMAN, AGED 52 YEARS, AASARIVILAKAM KARICHAYIL, ATTINGAL THIRUVANANTHAPURAM.

BY ADV. SRI.M.R.SARIN RESPONDENT(S):

----------------------------

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

2. THE EXCISE CIRCLE INSPECTOR, EXCISE RANGE ATTINGAL.

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4349 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is alleged to have committed the offence under Section 20(b) (ii) (B) of NDPS Act. 3.

The prosecution case is that he was found to be in possession of 3kg ganja, which according to the prosecution he had kept for sale.

4.

Heard.

5.

The petitioner has been in custody since 03.04.2015. Final report has so far not been filed. So he is entitled to bail.

In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.1,00,000/- (Rupees One lakh only) with three solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.

He shall appear before the investigating officer between 11 a.m and 12 noon every Wednesday for five

B.A. No.4349 of 2015 months or till the final report is filed, whichever is earlier. 3.

He shall not threaten or attempt to influence the witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 4.

He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 6.

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

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge