Fifin Francis v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Bail Appl..No. 5023 of 2015 () ------------------------------- CRIME NO. 533/2015 OF MARADU POLICE STATION , ERNAKULAM DISTRICT -------------------- PETITIONER :

----------------------- FIFIN FRANCIS, S/O FRANCIS,AGED 23 YEARS, MUPPARATHARA HOUSE, POOVANTHURUTH P.O., KOTTAYAM, PIN:686 012.

BY ADV. SMT.INDU SUSAN JACOB RESPONDENT :

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

BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.5023 of 2015 -------------------------------------------- Dated this the 20th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.533 of 2015 of Maradu Police station registered for the offences under Secs.20(b)ii A and 22(b) of the Narcotic Drugs and Psychotropic Substance Act. The prosecution case is that he was found to be in possession of 12 stamps of LSD and 3 gms of hashish.

3. Heard both sides.

4. The petitioner has been in custody since 02.06.2015. He is 23 years old.

5. I think granting him bail at this stage may help him to reform. So 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.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the

B.A. No.5023 of 2015 2 satisfaction of the learned Magistrate concerned.

2) One of the sureties shall be one of his parents.

3) He shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. everyday for two weeks and thereafter every Wednesday for three months or till the final report is filed, whichever is earlier.

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

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

6) He shall not leave Kottayam District till the conclusion of the investigation except with previous permission of the lower court concerned.

B.A. No.5023 of 2015 3

7) He shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

8) He shall not intimidate or attempt to influence the witnesses.

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 / True Copy / NS P.A. To Judge