Dileep v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 Bail Appl..No. 6090 of 2015 -------------------------------------- CRIME NO. 4/2015 OF ALAPPUZHA EXCISE RANGE OFFICE, ALAPPUZHA ---------------------------- PETITIONER(S)/ACCUSED:

------------------------------------- DILEEP, AGED 41 YEARS, S/O.T.K.DAS, KANDATHIL VEEDU, ASRAMAM WARD, ARYAD SOUTH VILLAGE, AMBALAPPUZHA, ALAPPUZHA.

BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S):

------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, ALAPPUZHA RANGE, BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ -------------------------------------------------- Dated this the 6th day of October, 2015

O R D E R

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

2.

Petitioner is the accused in Crime No.4 of 2015 of Alappuzha Excise Range registered for the offences punishable under Sections 20(b)(ii)(B) of the NDPS Act. 3.

Prosecution allegation against the petitioner is that on 21.07.2015 at about 06.10 p.m., he was found in possession of 1.43 kg of Ganja for the purpose of sale. Petitioner was arrested on that day onwards.

4.

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

5.

Leaned counsel for the petitioner submitted that he is not involved in any other offence earlier. 6.

Leaned Public Prosecutor opposed the bail application.

7.

Considering the nature of allegations and the period of detention, I am inclined to grant bail to the

petitioner with the following conditions:

(a) The petitioner shall be released on bail on his executing a bond for `1,00,000/- (Rupees One Lakhs only) with two solvent sureties for the like sum to the satisfaction of the learned Special Judge.

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

(c) 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.

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

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

(f) 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