IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 1118 of 2011() ---------------------------------- (CRIME NO.2200/2010 OF THRIKKAKARA POLICE STATION, ERNAKULAM DISTRICT) ........... PETITIONER/ACCUSED --------------------------- BABU.V.S., AGED 32 YEARS, S/O.N.M.SREENIVASAN, VATTAKKUNNEL HOUSE, PADICKAPPU.P.O., IRUMPUPALAM, IDUKKI DISTRICT. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA, (CRIME NO.2200/2010 OF THRIKKAKARA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRIKKAKKARA POLICE STATION. BY PUBLIC PROSECUTOR SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ------------------------------------- BA No.1118 of 2011 ------------------------------------- Dated this the 10th day of May 2011 Order This is a petition filed under Section 439 of the Criminal Procedure Code, seeking bail. 2. The petitioner is accused in Crime No.2200/2010 of Thrikkakara Police Station for the offence punishable under Sec.20(b)II(c) of N.D.P.S.Act, 1985. The accused was alleged to have possessed 23.4 kgs. Of ganja. Considering the period of incarceration already undergone by the accused and the unlikelyhood of trial concluding in the near future and in view of the submission made on behalf of the accused that he will abide by any condition that may be imposed on him, the accused is granted bail subject to the following conditions: 1. The accused shall execute a bond for Rs.75,000/- (Rupees Seventy Five Thousand only) with two solvent BA NO.1118/11 2 sureties for the like sum to the satisfaction of District and Sessions Court, Ernakulam. If in case the Sessions Judge has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Sessions Judge can insist for production of the attested photo copies of the original title deeds of the sureties. 2. The accused shall make himself available for interrogation by the investigating officer and he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. 3. The accused shall produce his original passport before the learned Sessions Judge. If he is not having any valid passport, he should file an affidavit regarding the same before the Sessions Judge. 4. The accused will also file an affidavit that he will abide by all the conditions mentioned above and that BA NO.1118/11 3 he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. 5. The accused and the sureties shall not leave the jurisdiction of the District and Sessions Court, Ernakulam, without the prior permission of the learned Sessions Judge. 6. The learned Sessions Judge will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity card/Driving licence etc. 7. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift his residence without BA NO.1118/11 4 intimating the Investigating Officer and the learned Sessions Judge. N.K.Balakrishnan, Judge sta BA NO.1118/11 5