← Library
High Court of KeralaBail Appl./4929/2015allowed

Munna Sunny v. State Of Kerala

2015-09-14Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 Bail Appl.No. 4929 of 2015 --------------------------------------- CRIME NO. 1058/2015 OF HILL PALACE POLICE STATION, ERNAKULAM ........

PETITIONER(S)/2ND ACCUSED:

--------------------------------------------- MUNNA SUNNY, VALIYAVEETTIL HOUSE, EAST FORT, THRISSUR.

BY ADVS.SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SMT.R.S.MANJULA RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, THOURGH THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 14th day of September, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the second accused in Crime No.1058 of 2015 of Hill Palace Police Station registered for the offences punishable under Sections 22(B) and (C) of the NDPS Act.

3.

Prosecution case is that on 01.08.2015, while the petitioner was talking to the first accused, narcotic drugs were recovered from the bag possessed by the first accused.

4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

Learned counsel for the petitioner submitted that the petitioner is an Engineering graduate who was employed in Bangalore. He has no connection with the crime.

6.

Learned Public Prosecutor submitted that the

investigation has advanced to a considerable extent. What is remained is only to get a report from the FSL. No recovery was effected from the body of the petitioner. 7.

Considering the nature of allegations and stage of investigation, the petitioner is released on bail with the following stringent conditions:

(a) The petitioner shall be released on bail on her executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.

(b) The sureties shall produce documents to establish their identity and solvency. The learned Magistrate need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) One of the sureties shall be one of the parents or siblings of the petitioner.

(d) The petitioner shall appear before the

Investigating Officer on all Mondays and Thursdays between 10.00 a.m and 11.00 a.m.

until the final report is filed.

(e) The accused shall surrender his passport forthwith before the learned Magistrate. If he does not posses a passport, he shall file an affidavit to that effect.

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

(g) The petitioner shall not in any manner interfere or meddle with the investigation.

(h) Petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge