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. 3603 of 2011() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2891/2010 Dated 12/04/2011 CMP.39/2011 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.502/2010 OF VELLAYIL POLICE STATION, KOZHIKODE .................... PETITIONER/ ACCUSED NO.6 ---------------------------------- PRAVI, S/O.KELU, AGED 30 YEARS, RESIDING AT EDAVILATH, KODENCHERY P.O., VELLUR AMSOM, PURAMERI DESOM, VATAKARA TALUK. BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.U.P.BALAKRISHNAN SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------- 1. THE STATION HOUSE OFFICER, VELLAYIL POLICE STATION, KOZHIKODE - 673 001. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SMT.K.MEERA 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.3603 OF 2011 -------------------------- Dated this the 17th day of May, 2011 O R D E R Petitioner is the 6th accused in Crime No. 502/2010 of Vellayil Police Station of Kozhikode City for offences punishable under Section 21C and 29 of NDPS Act. Petitioner was arrested on 18/12/2010. His bail application was dismissed by the trial Court. 2. Petitioner was the driver of the Scorpio Car bearing Reg.No.KL-18/3666. From the 1st accused, who was a traveller in the car, a huge quantity of brown sugar was seized and Crime was registered under Sections 21C and 29 of the Act. The petitioner has been in custody from 18/12/2010. 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. Learned counsel for the B.A.No.3603 /2011 2 petitioner submits that other accused other than 1st accused were granted bail. It is further submitted that since the seizure was from the possession of the 1st accused as he was carrying it in his waist, and since the petitioner was only a driver, the petitioner may be granted bail. 5. Since 18/12/2010 he has been in judicial custody. Considering the period of detention already undergone by the 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.2,00,000/- (Rupees two lakhs each) with two solvent sureties each for the like sum to the satisfaction of the Magistrate concerned. If in case the Magistrate 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 B.A.No.3603 /2011 3 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 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 JFCM Court without the prior permission of the learned Magistrate. B.A.No.3603 /2011 4 vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity 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