IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 5168 of 2009 SC.36/2007 OF COURT OF SPECIAL JUDGE(NDPS ACT CASES), VADAKARA PETITIONER/ACCUSED -------------------------------------- LINEESH, S/O.GANGADHARAN, PEEDIKAPARAMBATH, NADAKKUTHAZHA AMSOM, PUTHUPPANAM DESOM, VATAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, KOZHIKODE DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5168 OF 2009 ------------------------------------------------------ Dated this the 9th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is one of the accused persons in S.C.No.36 of 2007, on the file of the Court of the Special Judge (NDPS Act cases), Vadakara. 2. The offence alleged against the accused persons is under Section 436 read with Section 34 of the Indian Penal Code. 3. The petitioner was granted bail. The case was posted for trial on 18.8.2009. On that day, the independent witnesses and the official witnesses were summoned by the Court. The petitioner did not appear on that day. The bail bonds were cancelled and a non- bailable warrant was issued against the petitioner. On 28.8.2009, the petitioner surrendered before Court. His request for grant of bail was declined by the Court as per the order dated 29.8.2009. The petitioner has accordingly filed this application for bail under Section 439 of the Code of Criminal Procedure. B.A. NO. 5168 OF 2009 :: 2 :: 4. In the facts and circumstances of the case, I am inclined to grant bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.1,000/- as costs before the court below. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Court of the Special Judge (NDPS Act cases), Vadakara, subject to the following conditions: a) The petitioner shall deposit a sum of Rs.1,000/- as costs before the court below; b) The petitioner shall appear before the court below on all posting dates, unless the court excuses his absence; 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. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/