IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6678 of 2009() ------------------------------------- CRMP.3297/2009 of DISTRICT COURT, PALAKKAD CRIME NO. 571/1997 OF OTTAPALAM POLICE STATION .................... PETITIONER/ACCUSED NO.3: -------------------------------------------- SOMEN CHAKKO, AGED 56 YEARS, S/O. K.C.CHAKKO, KAVUNGAL VEEDU, KUMBANAD, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT/COMPLAINANT: ------------------------------------------- CIRCLE INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6678 of 2009 ------------------------------------ Dated this the 30th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No. 571/1997 of Ottapalam Police Station. 2. The offences alleged against the petitioner are under Sections 20(b), 22 and 29 of the Narcotic Drugs and Psychotropics Substances Act. 3. The date of occurrence was on 22.12.1997. The prosecution case is that as instructed by accused No.3, accused Nos. 1 and 2 planted 890 grams of ganja and seven Diazepam tablets in the Autorickshaw belonging to one Manoj. Manoj was arrested. It would appear that the petitioner herein filed a Writ Petition stating that the investigation of the case was not properly being made and that investigation should be entrusted to some other agency. The Writ Petition was allowed and accordingly the investigation was entrusted to the Deputy Superintendent of Police, Narcotic Cell of the Special Branch. During investigation, it was revealed that the petitioner, who is an Advocate by B.A. No.6678 of 2009 2 profession, was on inimical terms with Manoj on account of his relationship with one Valsamma. The prosecution alleges that Valsamma with whom the petitioner had some connection was residing in a rented house belonging to one Chandran. It is alleged that the petitioner entertained a doubt that Manoj, son of Chandran had some relationship with Valsamma. The prosecution case is that in order to wreak vengeance against Manoj, the petitioner sought the help of accused Nos.1 and 2 and they planted the contraband in the Auto rickshaw of Manoj. 4. The petitioner was absconding. The petitioner was arrested from Punjab on 21.10.2009 and he was remanded to judicial custody. 5. The learned Sessions judge dismissed the application for bail. 6. The learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition that may be imposed by the Court. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No.6678 of 2009 3 petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner, on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs. 50,000/- with two solvent sureties, who own immovable properties in the State of Kerala, each for the like amount to the satisfaction of the Sessions Judge, Palakkad, subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No.6678 of 2009 4 The title deeds in respect of the immovable properties belonging to the sureties shall be produced for verification by the learned Sessions Judge. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln