IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 23 of 2008 --------------------------------- (CRIME NO. 14/97 OF ERATTUPETTA POLICE STATION) PETITIONER/ACCUSED NO.2: ----------------------------------------- YOHANNAN, AGED 65 YEARS, S/O. MOOSA, KAVUMPURATH HOUSE, MARMALA BHAGOM, POONJAR, VADAKKARA VILLAGE. BY ADV. SRI.K.S.HARIHARAPUTHRAN RESPONDENTS: COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP. BY CIRCLE INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, KOTTAYAM DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 23 OF 2008 ------------------------------------------------- Dated this the 7th day of January, 2008 ORDER Application for regular bail. The petitioner faces indictment in a prosecution under the NDPS Act. The offence was detected in 1997. Altogether, there were two accused persons. The petitioner was not available for arrest. He was shown as absconding accused in the final report. The co- accused faced trial and has been found not guilty and acquitted. The case against the petitioner has been re-filed. The petitioner was arrested on 16/12/07. He continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on B.A. No. 23 OF 2008 -: :- condition that proper and strict conditions may be imposed which shall ensure that the petitioner shall be available for trial and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Special Judge for NDPS Act Cases, Thodupuzha. (ii) The petitioner shall report before the S.H.O. of the Erattupetta Police Station between 10 a.m. and 11 a.m. on the first Sundays of all English calendar months till the case against him is finally disposed of. (iii) The petitioner shall surrender his passport, if any, before the learned Special Judge. If no such passport is there, he shall file an affidavit to that effect before the learned Special Judge. B.A. No. 23 OF 2008 -: :- (iv) The petitioner shall not leave the State of Kerala without the prior permission of the learned Special Judge till the case against him is finally disposed of. (R. BASANT, JUDGE) Nan/