Biju Magumdar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 Bail Appl..No. 7739 of 2015 () ------------------------------- CRIME NO. 247/2015 OF CANTONMENT POLICE STATION , THIRUVANANTHAPURAM DISTRICT --------------- PETITIONER/ACCUSED (IN CUSTODY):

---------------------------------------------------------- BIJOY MAGUMDAR, AGED 22 YEARS, 5TH WARD, BANGALOORU, PRADHAMIC VIDHYALAYAM, KAKKYA POLICE STATION, ASSALBARI POST, DRING VILLAGE, NAGOOM DISTRICT, ASSAM.

BY ADVS.SRI.D.AJITHKUMAR SRI.NAVIA SEBASTIAN SRI.D.JEEVAN RESPONDENTS/STATE & COMPLAINANT:

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

2. THE STATION HOUSE OFFICER, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM.

BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

------------------------------------------------ B.A.No.7739 of 2015 ------------------------------------------------- Dated this the 11th day of December, 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.247 of 2015 of Cantonment Police Station registered for the offences punishable under Sections 20(b)(ii)(B) of the NDPS Act.

3. Prosecution case is that on 04.03.2015 at about 09.10 a.m., the accused was found in possession of 1.205 kg of ganja in violation of the provisions of the the NDPS Act.

4.

Heard both sides.

5.

Learned Sessions Judge dismissed the bail application of the petitioner for the reason that he is a person hailing from Assam and there is every possibility of his absconding if bail is granted.

6.

Learned counsel for the petitioner submitted that the petitioner is prepared to offer local sureties.

B.A.No.7739 of 2015 7.

Learned Public Prosecutor submitted that final report has already been filed in this matter. 8.

Reckoning the entire the facts and circumstances of the case, the following directions are issued:

(a) If the petitioner moves before the trial court for bail and if the petitioner offers local sureties, the trial court shall consider his plea and pass appropriate orders thereon.

With this directions, the bail application is dismissed. Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. To Judge