Kerala High Court

Bail Appl./8575/2017 of PRABHU R Vs STATE OF KERALA on 29 December 2017

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 Bail Appl..No. 8575 of 2017 () ------------------------------- CRIME NO. 1052/2017 OF ELOOR POLICE STATION , ERNAKULAM. -------------

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939

Bail Appl..No. 8575 of 2017 ()

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CRIME NO. 1052/2017 OF ELOOR POLICE STATION , ERNAKULAM.

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PETITIONER(S)/ACCUSED:

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PRABHU R,

AGED 32 YEARS, KANDATHIL HOUSE, ATTAPALLAM P.O., KUMILY, IDUKKI-685509.

BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM

RESPONDENT(S)/STATE/COMPLAINANT:

---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNANKULAM-682031.

BY PUBLIC PROSECUTOR SMT.K.K.SHEEBA

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 29-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

TS

R. NARAYANA PISHARADI, J

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--------------------------------------------- Dated this the 29[th] day of December, 2017

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ORDER

This application for bail is filed under Section 439 of theCode of Criminal Procedure.

2. The petitioner herein is the accused in the caseregistered as Crime No.1052 of 2017 of the Eloor Police Stationunder Section 20(b) (ii) B of the NDPS Act.

3. According to the prosecution case, on 22.09.2017, atabout 17.45 hrs, while the Sub Inspector of Ernakulam TownNorth Police Station was conducting patrol duty, he saw thepetitioner coming on a motor cycle and when the petitionerwas restrained and searched, it was found that he had kept1.100 kgs of ganja below the seat of the motor cycle. The SubInspector of Police seized the ganja and arrested the petitioner.

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

5. The petitioner is in judicial custody from 22.09.2017onwards. The learned Public Prosecutor submits that finalreport against the petitioner was filed in the court concerned on25.10.2017. The petitioner had moved the Sessions Court,Ernakulam for bail but the application was dismissed on theground that he was an accused involved in a case under

Section 302 of the IPC in the year 2010. The learned counselfor the petitioner submits that the petitioner is on bail in theaforesaid case. Merely for the reason that the petitioner is anaccused in a murder case registered in the year 2010, bailcannot be denied to him in the present case. The contrabandarticle seized from the possession of the petitioner is only ofintermediary quantity. At this stage, what the Court has toensure is the presence of the petitioner during the trial of thecase. In these circumstances, I find that bail can be granted tothe petitioner imposing appropriate conditions to ensure hispresence in the court during the trial of the case.

In the result, the petition is allowed as follows. Thepetitioner shall be released on bail on the following conditions.

1) The petitioner shall execute a bond for Rs.50,000/-with two solvent sureties each for the like amount to thesatisfaction of the Jurisdictional Court concerned.

2) One of the sureties of the petitioner shall be a personwho owns immovable property in the State of Kerala. He willproduce before the Court concerned original title deed relatingto his property with a photocopy of the same and the originalshall be returned to him by the Court after verification.

3) The petitioner shall not influence or intimidate theprosecution witnesses. He shall not make any attempt totamper with the evidence in the case.

4) The petitioner shall surrender his passport in the Courtconcerned within three days of his release on bail. If he doesnot possess any passport, he shall file an affidavit to that effectin the Court concerned within that period.

5) The petitioner shall not leave the State of Keralawithout the prior permission of the Court concerned.

6) If the petitioner violates any of the conditions of bail, itis open to the Court concerned to cancel his bail without anyfurther orders from this Court but in accordance with law.

Sd/-

R. NARAYANA PISHARADI, JUDGE

//True Copy//

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