IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 970 of 2010 CC.76/2009 ON THE FILE OF THE COURT OF THE CHIEF JUDICIAL AGISTRATE, KASARAGOD PETITIONER/ACCUSED -------------------------------------- BASHEER @ MADHU BASHEER, AGED 29 YEARS, S/O.ABDUL RAHIMAN, R/AT PACHILAMPARA, MULINJE GRAMAM, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, MAJESHWAR, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 970 OF 2010 ------------------------------------------------------ Dated this the 19th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in C.C.No.76 of 2009 on the file of the Court of the Chief Judicial Magistrate, Kasaragod. 2. The offences alleged against the petitioner are under Section 420 of the Indian Penal Code and Section 21(1)(b) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that the accused persons entrusted to the de facto complainant, who was working abroad, a jar containing pickle. He was directed to hand over the same to some other person who was working abroad. The de facto complainant realised that inside the jar something else was kept. On information given to the police, the crime was registered. It was found that a quantity of 20 grams of ganja was kept concealed in the jar. B.A. NO. 970 OF 2010 :: 2 :: 4. It is stated that during crime stage, though the petitioner along with the other accused filed B.A.No.7372 of 2007 for anticipatory bail, that prayer was rejected by the order dated 30.11.2007. Later, he was arrested and he was remanded. It is submitted that subsequently bail was granted. 5. Thereafter, the petitioner submits that he did not receive summons. Non-bailable warrant was issued against him. The petitioner was arrested on 2.2.2010. Though the petitioner moved an application for bail, the same was rejected by the learned Chief Judicial Magistrate, Kasaragod by the order dated 2.2.2010. The petitioner is in judicial custody since 2.2.2010. 6. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and other circumstances, I am of the view B.A. NO. 970 OF 2010 :: 3 :: that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragod, subject to the following conditions: a) The petitioner shall appear before the Court on all posting dates of the case without fail unless he is prevented from doing so for reasons beyond his control; b) The petitioner shall surrender his passport before the Court of the Chief Judicial Magistrate, Kasaragod within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him shall be filed before the learned Magistrate within one week; 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 B.A. NO. 970 OF 2010 :: 4 :: ahz/