Anirudhan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 Bail Appl..No. 4552 of 2015 ---------------------------------------- CRIME NO. 2/2015 OF ALAPPUZHA EXCISE RANGE, ALAPPUZHA DISTRICT ---------------------- PETITIONER(S)/ACCUSED :

------------------------------------------ ANIRUDHAN, AGED 65 YEARS, S/O.VASUDEVAN, PUTHENTHAYYIL, ASPIN WALL DESOM, KOMALAPURAM VILLAGE, ALAPPUZHA DISTRICT.

BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S)/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

---------------------------- B.A. No.4552 of 2015 ----------------------------------------- Dated this the 3rd day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.2 of 2015 of Alappuzha Excise Range registered for the offences under Secs.8(b) and 20(a) and (i) of the Narcotic Drugs and Psychotropic Substance Act. The prosecution case is that he was found growing a ganja plant at his residence.

3. Heard both sides.

4. The petitioner is a 65 year old man. He grew only one ganja plant. There is no previous antecedents of his getting involved in any other similar case.

5. Having regard to these facts, I am inclined to grant his prayer.

In the result, the bail application is allowed.

1) The petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five only) with two solvent sureties each for the like sum to the

B.A. No.4552 of 2015 2 satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every alternate Wednesday for four months or till the final report is filed, whichever is earlier.

3) The petitioner shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.

4) The petitioner 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 petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

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

B.A. No.4552 of 2015 3

7) The petitioner shall co-operate with investigation of the 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 NS