Rathik T v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 Bail Appl..No. 9114 of 2014 ------------------------------- CRIME NO. 1/2014 OF NILESHWAR EXCISE RANGE, KASARGOD DISTRICT. ..........

PETITIONER/ACCUSED:

---------------------------------- RATHIK T, AGED 42 YEARS, S/O MUHAMMED KUNHI, PADANNE, AALAKKAL, PADANNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

BY ADV. SRI.T.MADHU RESPONDENT/STATE:

--------------------------------- THE STATE OF KERALA, THROUGH THE EXCISE RANGE OFFICER, NILESHWAR EXCISE RANGE, KASARAGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

B.KEMAL PASHA, J.

................................................................ B.A. No.9114 of 2014 ............................................................... Dated this the 9th 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.1/2014 of the Nileshwar Excise Range, Kasaragod registered for the offence punishable under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act,1985.

3.

The allegation against the petitioner is that on 21.10.2014 the petitioner was found in possession of 3 kgs of ganja, in contravention of the provisions of the NDPS Act, 1985. He was arrested on 21.10.2014 and thereafter he has been in custody.

4.

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

B.A.No.9114 of 2014 -: 2 :- 5.

Even though the petitioner has been in custody for the period from 21.10.2014 onwards, the final report has not been filed so far. Matters being so, the petitioner is entitled to compulsive bail under Section 167(2) Cr.P.C. 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 Fridays and Tuesdays commencing from 16.01.2015 for a period of six months.

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

(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

B.A.No.9114 of 2014 -: 3 :- 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 ul/- [True copy] P.S. to Judge