Mohamed Shafi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 Bail Appl..No. 4471 of 2015 --------------------------------------- CRIME NO. 910/2015 OF KAREELAKULANGARA POLICE STATION , ALAPPUZHA ---------------- PETITIONER(S) :

------------------------- MOHAMED SHAFI, AGED 30 YEARS, S/O.ABDUL MAJEED, SHAMNA MANZIL, PATHIYOORKALA MURI, PATHIYOOR P.O, ALAPPUZHA DISTRICT.

BY ADV. SRI.NOORJI NOUSHAD RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4471 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No. 910 of 2015 of Kareelakulangara Police Station. He is said to have committed the offences under Sections 8(c) read with Section 22(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 5 and 6(a) read with Section 24 of the Cigarette and other Tobacco Products Prohibition Act, 2003. The prosecution case is that he was found transporting seven bags of Hans which is a prohibited item in a car. Further, he was found to be in possession of three Ampules each containing 2 ml of Buprenorphine. The co-passenger was found to be in possession of two Ampules of Buprenorphine. 3.

Heard.

4.

The petitioner has been in custody since 22.06.2015. The co-accused have been granted bail by the Sessions Court. The petitioner also will be released on bail. So, I am inclined to grant the prayer of the petitioner.

In the result, this application is allowed.

1)The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty

B.A.No. 4471 of 2015 -: 2 :- thousand only)with two solvent sureties each for the like sum to the satisfaction of the court concerned.

2) The petitioner shall appear before the investigating officer between 10 a.m and 11 a.m. every Wednesday for three months, or till the final report is filed, whichever is earlier.

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

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

5)He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

6)He shall co-operate with investigation of the case. 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 DST //True copy// P.A. To Judge