IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Bail Appl..No. 5645 of 2010() ----------------------------- SC.277/2010 of SESSIONS COURT,THIRUVANANTHAPURAM IN CONNECTION WITH O.S.NO.228/99 OF AIR INTELLIGENCE UNIT, AIR CUSTOMS, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED -------------------------------------- NAVAS @ SHANAVAS, SAJAD MANZIL, S/O.SYED, T.C.35/496, VALLAKKADAVU.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT -------------------------- THE SUPERINTENDENT OF CENTRAL EXCISE, CUSTOMS PREVENTIVE AND INTELLIGENCE UNIT, THIRUVANANTHAPURAM, REPRESENTED BY ASSISTANT SOLICITOR GENERAL OF INDIA. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Bail Application No.5645 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ DATED:22nd day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in O.S.No.228/1999 of Air Intelligence Unit, Air Customs, Thiruvananthapuram (now S.C.No.277/2010 on the file of the Sessions Court, Thiruvananthapuram) for offences punishable under Secs.8(c) read with 29 and 79 of the N.D.P.S Act read with Section 11 of the Customs Act and Sections 21 and 23 of the N.D.P.S Act, seeks his enlargement on bail. Petitioner was arrested on 9.11.2009. 2. The Special Public Prosecutor for Customs opposed the application contenting inter-alia that the petitioner was absconding since 1999 and that he will not be available for trial, if released on bail. 3. The petitioner is alleged to be the person who supplied heroine (168.1 gms) to the 1st accused, who has been acquitted after trial. The quantity involved is also not commercial so as to attract Section 37 of the N.D.P.S Act and therefore I am inclined to grant bail to the petitioner with effect from a future date. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the Bail Application No.5645 of 2010 2 present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 1.10.2010 on his executing a bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Sessions Court, Thiruvananthapuram and subject to the following conditions: 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3.. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dmb