Ansar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Bail Appl..No. 7117 of 2015 ------------------------------------- CRIME NO. 1518/2015 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM .........

PETITIONER(S)/A-1:

---------------------------- ANSAR, AGED 26 YEARS, S/O. ANWAR, VAYALIKADAVEEDU, TOWN WARD, PALLICKAL, THIRUVANANTHAPURAM.

BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.BREJITHA UNNIKRISHNAN RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.7117 of 2015 -------------------------------------------- Dated this the 16th day of November 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner, 1st accused in Crime No.1518 of 2015 of Cantonment Police station, Thiruvananthapuram registered for the offence punishable under Sec.20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substance Act seeks bail. Prosecution case is that 1.030 grams of ganja was found on a motorcycle whereon, this petitioner along with other accused was riding. The petitioner was arrested on 30.09.2015.

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

4. Learned counsel for the petitioner submitted that the petitioner is in custody from 30.09.2015 and bail may be granted to him.

After hearing the learned counsel on both sides, I am of the view that further detention of the petitioner is not necessary. Therefore, bail is granted to

Bail Appl. No.7117 of 2015 2 the petitioner with the following conditions. i. The petitioner shall be released on bail on his 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 learned Sessions Judge having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.

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

Bail Appl. No.7117 of 2015 3 v. The petitioner shall surrender his passport before the lower court concerned or if he does not have the same, file an affidavit to that effect.

vi. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vii. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Sessions Judge is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/16/11/2015 P.A. To Judge