IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 6922 of 2008() ----------------------------- CRMP.616/2008 IN CRIME NO.247/2008 OF NADAKKAVU POLICE STATION .................... PETITIONER : ACCUSED ------------------------------ P.V.RAZAK, S/O.ABOOBACKER, PAZHAYA VEETIL HOUSE,VELLAYIL, NOW RESIDING AT NEAR CHEMBRA PALLI, PALLIPPADI, TIRUR. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA REPRESENTED BY THE S.H.O, NADAKKAVU POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6922 of 2008 --------------------------------------------- Dated this the 24th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 21(c) of N.D.P.S. Act. According to prosecution, on 26.5.2008, petitioner was found in possession of 280 gms. of brown sugar. On his arrest, 35 gms. more of the same article was seized from his house also. There is a total quantity of 315 gms. of brown sugar. 3. Both sides would submit that petitioner is in custody for the past more than 180 days. Hence, petitioner is entitled for bail by default. Learned public prosecutor submitted that stringent conditions may be imposed while granting bail. 4. On hearing both sides, I find that bail can be granted to the petitioner on default. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA No.6922/2008 2 (ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of police station within which crime is registered except with prior permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl