Kerala High Court

Bail Appl./9385/2019 of NASAR ALI Vs STATE OF KERALA on 31 December 2019

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9385 OF 2019 AGAINST THE ORDER/JUDGMENT IN CRMC 4298/2019 DATED 17-12- 2019 OF SESSIONS COURT, PALAKKAD CRIME NO.38/2019 OF Chittur Excise Range

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ASHOK MENON

TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941

Bail Appl..No.9385 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 4298/2019 DATED 17-12-2019 OF SESSIONS COURT, PALAKKAD

CRIME NO.38/2019 OF Chittur Excise Range Office , Palakkad PETITIONER/ACCUSED:

NASAR ALIAGED 31 YEARSS/O.SYED MUHAMMED, 2/74, PALLIVASAL STREET, MAPPILLAI KOUNDER PUDUR, POLLACHI TALUK, TAMILNADU.

S/O.SYED MUHAMMED, 2/74, PALLIVASAL STREET, BY ADV. SRI.NIREESH MATHEW

RESPONDENT/COMPLAINANT:

STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682031.

SMT.SREEJA.V, PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

Dated this the 31st day of December 2019

The petitioner is an accused in CrimeNo.38/2019 of Chittur Excise Range, for havingbeen in possession of 1.950 kgs. of Ganja, andthere by committed an offence punishable underSection 20(b)(ii)B of the Narcotic Drugs andPsychotropic Substance Act.

2. The petitioner pleads innocence and saysthat some abandoned Ganja was recovered by thepolice and he being from Tamil Nadu, wasdeliberately implicated since the real ownersof the contraband articles would not be found.There is no case for the prosecution that thepetitioner has antecedents.

Considering the quantity of contraband, andthe fact that he has no antecedents and that hehas been in judicial custody since 20.11.2019, the petitioner is released on bail on executionof bond for Rs.50,000/- (Rupees fifty thousandonly) with two solvent sureties each to thelike amount to the satisfaction of the TrialCourt and on condition that he shall appearbefore the Investigating Officer on everyalternate Mondays between 9 AM and 12 PM for aperiod of three months or till the filing ofthe final report whichever is earlier. He shallnot get involved in similar offences during thetrial. In case he violates any of the bailcondition, the prosecution shall be at libertyto apply for cancellation of the bail.

SPK

Sd/-

ASHOK MENON

JUDGE

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