Kerala High Court
Bail Appl./9656/2012 of PRANAV Vs STATE OF KERALA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Bail Appl..No. 9656 of 2012 () ------------------------------ CRIME NO.2134/2012 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT. ............... PETITIONERS/ACCUSED
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
Bail Appl..No. 9656 of 2012 ()
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CRIME NO.2134/2012 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT................
PETITIONERS/ACCUSED NOS. 1 AND 2:
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1. PRANAV, S/O. SUDEVAN, AGED 19 YEARS, THOTTINKARA VEEDU, NEW NAGAR 9, THOTTINKARA VEEDU, NEW NAGAR 9, NEAR SREE BHADRA JUNCTION, MANAKKAD, VADAKKEVILA VILLAGE, KOLLAM DISTRICT.
2. NISHAD, S/O NAVAS, AGED 21 YEARS,
SUMMAYYA MANZIL, NEAR SREE BHADRA JUNCTION, MANAKKADU CHERRY, VADAKKEVILA VILLAGE
FROM VELIYIL VEEDU, HUSSAIN NAGAR,
PANTHRANDU CHERRY, ERAVIPURAM VILLAGE, KOLLAM.
BY ADVS. SRI.K.SIJU,
SMT.CHITHRA.S.BABU.
RESPONDENT/STATE:
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STATE OF KERALA,
THROUGH THE SUB INSPECTOR OF POLICE,
KOLLAM EAST POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM.
BY PUBLIC PROSECUTOR MR.V.S. SREEJITH.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - B.A. No. 9656 of 2012
- - - - - - - - - - - - - - - - - - - - - - Dated this the 31[st ] day of December, 2012.
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ORDER
Petitioners are accused Nos. 1 and 2 in Crime No.
2134 of 2012 of Kollam East Police Station, who are allegedto have committed offences punishable under Sections 22(b) and 29 of the N.D.P.S. Act.
2. The allegation against the petitioners is that they were found to be in possession of 7 ampules ofBuprenorphine on 26.10.2012 and were taken into custodyalong with the contraband articles. Since then, they were incustody.
3. The petitioners would submit that they weretotally innocent and have been falsely implicated. Accordingto them, their continued custody is unnecessary.
4. Learned Public Prosecutor pointed out that theinvestigation is not yet complete.
B.A.9656/2012.
5. The claim of the petitioners that they are innocent cannot be accepted in view of the materialsavailable against them as per the CD made available forperusal. At any rate, the petitioners have been in custodyfrom 26.10.2012 and the quantity of the contraband articleseized falls within intermediary quantity. The final reporthas not been filed so far.
6. Considering the various aspects, the continuedcustody of the petitioners seems to be unnecessary.
Therefore, this application is allowed on thefollowing conditions:
i) Petitioners shall be released on bail on each of them executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with twosolvent sureties for the like sum each to thesatisfaction of Sessions Court, Kollam.
ii) The Sessions Court shall ensure the identity ofthe sureties and also the veracity of the tax B.A.9656/2012.
receipts that are sought to be produced at the timeof executing the bond.
iii) Petitioners shall report before the InvestigatingOfficer on every Friday between 10 a.m. and 11a.m. till final report is laid.
iv) Petitioners shall not tamper or attempt totamper with the evidence or influence or try toinfluence the witnesses.
v) If any of the condition is violated, bail granted tothe petitioners shall stand cancelled, and the JFCMconcerned may take such steps as are available tohim in law.
P. BHAVADASAN, JUDGE
sb.