Bail Appl./8026/2015 of SURESH @ VELLIMOONGA SURESH Vs STATION HOUSE OFFICER on 29 December 2015

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure. The case of the petitioner isthat he is behind the bars in connection with CrimeNo.641/2015 of Pulpally Police Station, Wynad. Theallegation is that the petitioner has planted two CannabisSativa plants in his property and thereby committedoffence under Section 20(a)(1) of Narcotic Drugs andPsychotropic Substances Act.

2. and the learned Public Prosecutor.

Heard the learned counsel for the petitioner

3. The learned counsel for the petitionersubmitted before me that in this case, actually, thepetitioner was not aware that those two plants wereCannabis Sativa plants.

The learned counsel for the petitioner

4. The learned Public Prosecutor, at this juncture,

submitted before me that mens rea can be presumed foran offence under the Narcotic Drugs and PsychotropicSubstances Act. Under such circumstances, bail may notbe granted.

5. After considering all aspects, including thenumber of plants involved in this case and also keeping inmind that the petitioner was surrendered on 01.12.2015,and the surrender indicates that the petitioner is ready tocooperate with the investigation, I feel that bail can begranted to the petitioner on the following conditions; (a)The petitioner shall be released on bail on hisexecuting a bond for 50,000/- (Rupees fifty thousand₹only) with two solvent sureties for the like sum to thesatisfaction of the learned court having jurisdiction.

(b) The sureties shall produce documents to establishtheir identity and solvency. The learned court need notinsist on solvency certificate, but, other documents canalso be perused to find out whether the sureties aresolvent or not.

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(c) The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00

a.m and 12.00 a.m. until the final report is filed.

(d) The petitioner shall not intimidate or attempt toinfluence the witnesses.influence the witnesses.

(e) The petitioner shall not, in any manner, interfere or meddle with the investigation.

(f) Petitioner shall not, during the period of this bail, getinvolved in any offence. involved in any offence.

In case any of the above conditions is violated, bail granted to the petitioner hereby is liable to be cancelled,for which, the investigating officer may move applicationbefore the jurisdictional court.

Sd/- JUDGE

K.P. JYOTHINDRANATH

bka/29.12.2015