Anilkumar @ Ani v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 Bail Appl..No. 6934 of 2015 ------------------------------- CRIME NO. 873/2015 OF AYIROOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONER/ACCUSED:

---------------------------------- ANILKUMAR @ ANI, AGED 38, S/O.KRISHNANKUTTY, ANI VILAS, NEAR MADANNADA, KANKULAM, KOVOOR DESOM, CHEMMARUTHY VILLAGE, VARKALA, THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT/STATE:

------------------------------- STATE OF KERALA, REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE, AYIROOR POLICE STATION, 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 11-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

------------------------------------------------ B.A No.6934 of 2015 ------------------------------------------------ Dated this the 11th day of November, 2015.

O R D E R

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

Petitioner is the sole accused in Crime No.873 of 2015 of Ayiroor Police Station registered for an offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'N.D.P.S Act'). 3.

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

4.

Prosecution case, in short, is that on 04-09-2015 at about 15.30 hours, the petitioner was found in possession of 1.443 kgms of ganja against the provisions of the N.D.P.S Act. 5.

The petitioner was arrested on 04-09-2015 and he remains in custody since then. Learned counsel for the petitioner submitted that the petitioner is not involved in any other offence. Considering the fact that the petitioner is in custody for more than 60 days, I find that bail can be granted to the

B.A No.6934 of 2015 2 petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the of the court having jurisdiction, viz; the Special Court under the NDPS Act.

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

3. The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.

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

5. 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.

Sd/- A.HARIPRASAD, amk JUDGE. //True copy// P.A to Judge