IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5163 of 2008() ----------------------------- CMP.286/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.64/08 OF KOZHIKODE TOWN POLICE STATION PETITIONER : APPLICANT/ ACCUSED ----------------------------------- P.ABDLUL KHADER, S/O.UMMER, PAIDAKAM HOUSE, VATTIKKATTIRI, VELLUVANGAD.P.O, MANJERI, MALAPPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY THE C.I. OF POLICE, KOZHIKODE TOWN POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5163 of 2008 ----------------------------------------- Dated this the 5th September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 18(b)of NDPS Act. According to prosecution, the petitioner was arrested with 6.3 Kg of opium on 2.3.2008. 3. Learned counsel for petitioner submitted that the petitioner is in custody for the past 187 days. The charge sheet was laid when the petitioner was in custody for 177 days. The allegations made against the petitioner are absolutely false and petitioner was taken away by the police officials on the previous day of the day on which his daughter's marriage was to be fixed. Though the petitioner was taken from his house, it is alleged that he was found in possession of opium in different place in a different district. The petitioner was once involved in offence of this nature long back. But, he had been leading a normal life without getting involved in any offence. But the petitioner is falsely implicated in an offence of this nature. 4. It is submitted that though the chemical analysis report is submitted along with the charge sheet, it does not show the percentage of morphin, which is required to confirm that the article is opium. The petitioner is under treatment from 2005 onwards BA.5163/08 2 continuously, and a certificate is produced as Annexure-D which shows that he has very severe airflow limitation and there is loss of lung volume and the problem is diagnosed as pulmonary emphysema. This associated with marked central airway collapse. Learned counsel for petitioner submitted that even from the jail, he is being taken to the hospital regularly for treatment. Learned counsel for petitioner also pointed out that the marriage of the petitioner's daughter took place when he was in jail and permission was granted to the petitioner by this Court to participate in the marriage ceremony. Taking into consideration the seriousness of the physical condition of the petitioner, he may be granted bail and he is prepared to abide by any condition imposed by the Court, it is submitted. 5. This petition is opposed. Learned Public Prosecutor submitted that the quantity involved is 6 Kg of opium and if bail is granted, it is likely that the petitioner may abscond, it is submitted. 6. On hearing both sides, considering the physical state of the petitioner, I find that bail can be granted to him by imposing stringent conditions to ensure that he does not abscond and cannot any offence. Hence, bail is granted to the petitioner on the following terms and conditions: BA.5163/08 3 i) Petitioner shall execute a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the Circle Inspector of Police, Manjery on every alternate day between 5 PM and 8 PM until further orders. iii). Petitioner shall not leave the limits of the Manjery police station within which he is residing, except with the previous permission of the Magistrate Court concerned. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.