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High Court of KeralaBail Appl./8931/2014allowed

Sharon Anand v. State Of Kerala

2015-01-27Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 Bail Appl..No. 8931 of 2014 ----------------------------------------- CRIME NO. 1478/2014 OF THALASSERY POLICE STATION , KANNUR DISTRICT --------------------- PETITIONER(S)/ACCUSED :

---------------------------------------- SHARON ANAND, AGED 24 YEARS, S/O.ANAND, SREE LAKSHMI HOUSE, THIRUVANGAD P.O., THALASSERY.

BY ADV. SRI.NIREESH MATHEW RESPONDENT(S)/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` B.A. No.8931 of 2014 ````````````````````````````````````````````````````````````` Dated this the 27th day of January, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.1478/2014 of Thalassery Police Station registered for the offence punishable under Section 22(C) of the NDPS Act, 1985. 3.

The allegation against the petitioner is that on 10.10.2014 at 11.30 a.m. he was found in possession of 59 strips each containing 24 capsules of Spasmo Proxyvon Plus, which is a psychotropic substance. The petitioner has been in custody for the period from 10.10.2014 onwards. 4.

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

5.

No criminal antecedents have been reported against the petitioner. The petitioner is a 24 year old man. The investigation of this case is practically over. It is true

BA.8931/2014 : 2 :

that the petitioner was found in possession of commercial quantity of psychotropic substance. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of criminal antecedents on his part, I am of the view that he can be enlarged on bail on conditions.

6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below, and subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays commencing from 03.02.2015 for a period of six months.

(ii) The petitioner shall not tamper with the evidence or influence witnesses.

BA.8931/2014 : 3 :

(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(iv) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- (B.KEMAL PASHA, JUDGE) aks/27/01 // True Copy // PA to Judge