IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3160 of 2011() ---------------------------------- (CRIME NO.71/2011 OF CHEMMANGAD POLICE STATION, KOZHIKODE DISTRICT) ..... PETITIONERS/ACCUSED ---------------------------- BASHEER, S/O.MOOSA KOYA, KAYANE THODIYIL HOUSE, THANGAL ROAD, KALLAI, KOZHIKODE DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. --------------------------- B.A.No.3160 OF 2011 -------------------------- Dated this the 17th day of May, 2011 O R D E R Petitioner is the accused in Crime No.71/2011 of Chemmangad Police Station, Kozhikode City for the offences punishable under Section 20(b) II (B) of the NDPS Act. Petitioner was arrested on 21/03/2011. His bail application was dismissed by the trial Court. 2. The material allegations are that he was found in possession of 1.300 KGs of Ganja in violation of the provisions of the NDPS Act. 3. Petitioner seeks regular bail. 4. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 5. Since 21/03/2011 he has been in judicial custody. Considering the period of detention already undergone by the B.A.No.3160 /2011 2 accused 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 with effect from 20/05/2011 subject to the following conditions: i. The accused 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 Special Judge (NDPS Act Cases), Vadakara . If in case the Judge has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM and 11.30 AM until further orders. iii. The accused shall produce his original passport B.A.No.3160 /2011 3 before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that 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. v. The accused and the sureties shall not leave the jurisdiction of the Court of the Special Judge (NDPS Act Cases) without the prior permission of the learned Judge. vi. The learned Judge will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity B.A.No.3160 /2011 4 cards/Driving licence etc. vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. This Bail Application is allowed as above. N.K.BALAKRISHNAN (JUDGE) jg