Ebin C v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 Bail Appl..No. 4980 of 2015 () ------------------------------- CRIME NO. 999/2015 OF HILL PALACE POLICE STATION, ERNAKULAM DISTRICT ------------- PETITIONER/1ST ACCUSED :

--------------------------------------- EBIN C., AGED 26 YEARS, S/O. SLEEBA, RESIDING AT CHATHOTH HOUSE, NEAR KANJIRAMATTOM RAILWAY STATION, ERNAKULAM DISTRICT - 682 315.

BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT/STATE/COMPLAINANT :

----------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682031 REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE HILL PALACE POLICE STATION, TRIPUNITHURA (INVESTIGATING OFFICER IN CRIME NO. 999/2015 OF HILL PALACE STATION) ERNAKULAM DISTRICT.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ B.A No.4980 of 2015 ------------------------------------------------ Dated this the 16th day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the first accused in crime No.999/2015 of Hill Palace Police Station registered for offences punishable under Sections 22 (c) of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act').

3.

Prosecution case, in short, is that on 23-07-2015 at about 12.30 a.m., the accused Nos.1 to 3 were found in possession of total quantity of 1.70 gms of Leisurgic Acid Dye ( for short 'LSD') for the purpose of sale.

4.

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

5.

Learned counsel for the petitioner submitted that the second accused in the crime was enlarged on bail by the learned Sessions Judge, Ernakulam as per order in Crl.M.C No.1856/2015. Allegation against the second accused was that he was found in possession of 0.90 grams of LSD. It is alleged that this petitioner

B.A No.4980 of 2015 2 possessed 0.81 grams of LSD. Considering the facts and circumstances of the case and the state of investigation, I find that bail can be granted to the petitioner with following conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction, viz; the Special Court under the NDPS Act.

2. Either the parents or siblings or close relatives of the petitioner shall be an additional surety.

3. The sureties shall produce documents to establish their identity and solvency. The additional surety shall produce documents to show his identity only.

4. The petitioner shall surrender his passport, if any. If he does not have a passport, he shall file an affidavit stating that fact before the learned Special Judge dealing with this case.

5. The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until

B.A No.4980 of 2015 3 final report is filed.

6. The petitioner shall not indulge in any offence while on bail.

7. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the learned trial Judge is free to cancel bail without referring the matter to this Court.

A.HARIPRASAD, JUDGE.

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