Unni v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 Bail Appl..No. 7618 of 2015 -------------------------------------- CRIME NO. 34/2015 OF EXCISE ENFORCEMENT AND ANTI-NARTCOTICS SPECIAL SQUAD, KOLLAM --------------------- PETITIONER(S)/ACCUSED:

-------------------------------------- UNNI, AGED 28 YEARS, S/O.GOPALAN, YEKSHIKAVU VILLA VEEDU, KURUMANDAL - B, PARAVUR, KOLLAM DISTRICT.

BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH RESPONDENT(S)/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7618 of 2015 -------------------------------------------- Dated this the 21st day of December 2015

O R D E R

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

2. Petitioner is the accused in Crime No.34 of 2015 of Excise Enforcement and Anti-Narcotics Special Squad, Kollam registered for the offence punishable under Sec.20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act. Prosecution case is that the petitioner cultivated eight cannabis plants on his terrace and it was detected on 19.10.2015 at 10.15 a.m.

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

4. Learned counsel for the petitioner submitted that the petitioner is a patient undergoing treatment in Travancore Medical College Hospital, Kollam. Medical records are also produced to show that he is undergoing continuous treatment.

Considering the fact that investigation has advanced to a considerable extent, bail is granted to the

Bail Appl. No.7618 of 2015 2 petitioner with the following conditions.

i. The petitioner shall 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 satisfaction of the learned Special 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.7618 of 2015 3 v. The petitioner shall not leave the State of Kerala without obtaining permission from the learned Special Judge having jurisdiction.

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 Special 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/21/12/2015 P.A. To Judge