Shibin v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Bail Appl..No. 5870 of 2015 () ------------------------------- CRIME NO. 13/2015 OF KOLAZHI EXCISE RANGE OFFICE, TRISSUR DISTRICT -------------------- PETITIONER/ACCUSED 1 :
------------------------------------ SHIBIN, AGED 19 YEARS S/O.BABU, MAKKATTUKULAM HOUSE, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK.
BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.THOMAS J.ANAKKALLUNKAL SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT :
------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
B. SUDHEENDRA KUMAR, J.
------------------------------ Bail Appl. No.5870 of 2015 -------------------------------------------- Dated this the 25th day of September 2015
O R D E R
This is a petition filed under Sec.439 Cr.P.C.
2. The petitioner is the 1st accused in Crime No.13 of 2015 of Kolazhy Excise Range registered under Secs.20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case is that on 05.08.2015 at 6.30 p.m., the petitioner and the other accused were found in possession of a total quantity of 2.250 kg of ganja in contravention of the provisions of the NDPS Act. The petitioner was arrested from the spot and ever since he has been in custody.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It has been submitted by the learned Public Prosecutor that the other accused has been already released on bail. It has been also submitted that the petitioner is not involved in any other offence of similar
Bail Appl. No.5870 of 2015 2 nature.
6. Considering the facts and circumstances of the case, including the fact that the petitioner is a first time offender, I am inclined to grant bail to the petitioner.
In the result, the bail application stands allowed and the petitioner shall be released on bail on his executing a bond for Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Court concerned and subject to the following conditions.
1. The petitioner shall report before the investigating officer for interrogation on every Monday between 9.00 a.m. and 11.00 a.m. for a period of six months or till the filing of the final report, whichever is earlier.
2. The petitioner shall not get involved in any other offence during the pendency of this case.
Bail Appl. No.5870 of 2015 3
3. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
Sd/- B. SUDHEENDRA KUMAR JUDGE / True Copy / NS P.A. To Judge