Sakkeer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 Bail Appl..No. 9139 of 2014 ---------------------------------------- CRIME NO. 20 OF 2014 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, THRISSUR ---------------------- PETITIONER(S)/2ND ACCUSED :

----------------------------------------------- SAKKEER, AGED 35 YEARS, S/O.HAMSA, NEDUMPARAMBIL HOUSE, MADU DESOM, CHAVAKKAD, THRISSUR DISTRICT.

BY ADVS.SRI.C.HARIKUMAR SMT.C.B.ANUROOPA RESPONDENT(S)/STATE :

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

BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd.

B.KEMAL PASHA, J.

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B.A. No.9139 of 2014 ................................................. Dated this the 30th day of December, 2014

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 2nd accused in Crime No.20 of 2014 of the Excise Enforcement and Anti Narcotic Special Squad, Thrissur registered for the offences punishable under Sections 20(b) ii(B), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

3.

The allegation against the petitioner and other accused is that on 16.11.2014 at 5.15 p.m., they were found transporting 5 Kgs of dry ganja in an Autorickshaw bearing registration No.KL08 AB-2047. The petitioner has been in custody for the period from 16.11.2014 onwards.

4.

Heard learned counsel for the petitioner and the learned Public Prosecutor. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of this case. 5.

Having regard to the period undergone by the petitioner in custody, the present stage of investigation and absence of any criminal antecedents on his part, I am of the view

B.A. No.9139 of 2014 2 that the petitioner 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 Fridays and Tuesdays commencing from 02.01.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.

(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 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 NS // True Copy // PA to Judge