IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Crl.MC.No. 1661 of 2011() ------------------------- (OR NO.S/14/42/2011 OF CUSTOMS AIR INTELLIGENCE UNIT, COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERRY) ------ PETITIONER/ACCUSED (A2) ---------------------------------------- RANDRA PALLI MUHAMMED SHAFI, AGED 34 YEARS, S/O.MOIDEEN, THAYATH PALLIYIL HOUSE, PATTIAM, EAST KADIRUR P.O., THALASSERY TALUK, KANNUR DISTRICT-670 640. BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF CUSTOMS, AIR INTELLIGENCE UNIT, KOCHI INTERNATIONAL AIRPORT, REP. BY PUBLIC PROSECUTOR, PRINCIPLE SESSIONS COURT, ERNAKULAM, (OR NO.S/14/42/2011 OF ADDITIONAL COMMISSIONER OF CUSTOMS). BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1661 of 2011 --------------------------------------- Dated this 09th day of June, 2011 ORDER Petitioner is accused in O.R.No.S/14/42/2011 of Additional Commissioner of Customs for offences punishable under Sec.8(c) r/w Sec.22(c), 23(c), 28 and 29 of N.D.P.S Act, 1985 for alleged possession of 3.025kgs of Ketamine at Kochi International Airport. Learned Sessions Judge, Ernakulam granted bail to the petitioner on 04.06.2011 with conditions including that petitioner shall deposit `.5,00,000/-. The challenge is to the said condition. Learned counsel submitted that petitioner, on account of financial difficulties is unable to deposit `.5,00,000/- and that the condition in effect would prevent petitioner from getting released on bail. I have heard learned Public Prosecutor as well. 2. Having regard to the circumstances of the case and submission made by learned counsel as to the financial difficulty of petitioner I am inclined to think that the impugned condition could be modified. Since learned Sessions Judge has directed by Annexure-A1, order that petitioner shall execute bond for `.5,00,000/- with two solvent sureties for the like sum each it appears to me that it is sufficient that instead of depositing the Crl.M.C.No.1661 of 2011 -: 2 :- amount petitioner shall execute bond for `.7,50,000/- with two solvent sureties as directed by the learned Sessions Judge. This criminal miscellaneous case is allowed to the extent that condition imposed on petitioner by the learned Sessions Judge while granting bail on 04.06.2011 to deposit `.5,00,000/- is lifted and instead, it is directed that petitioner shall execute bond for `.7,50,000/- (Rupees Seven Lakhs Fifty Thousand Only) with two solvent sureties for the like sum each as directed by the learned Sessions Judge. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge