Petitioner is the second accused in Crime No.9 of 2014 of the Excise Circle Office, Kollam for the offence punishable under Sec.20 (b)(ii)B of the NDPS Act, 1985 for alleged possession of 1½ kgs of ganja on 29.03.2014, is in custody since then and seeks bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner is involved in other cases also.
3. Learned counsel however submitted that the said statement is not true. Petitioner is implicated in one case about an year back.
4. It is however agreed by both sides that since the petitioner is in custody from 29.03.2014 and the final report is not so far filed, petitioner is entitled to get statutory bail. In that view of the matter, petitioner cannot be disallowed bail. Having regard to the circumstances, I am inclined to grant bail but subject to stringent conditions.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.9 of 2014 of the Excise Circle Office, Kollam and shall be released, if not required to be detained otherwise on his executing bond for `30,000/- (Rupees Thirty Thousand Only) with three sureties for the like sum each to the satisfaction of the learned Principal Session Judge, Kollam and subject to the following conditions:
(a) Whether or not he/she has landed properties, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
(b) Petitioner shall surrender his passport before the learned Principal Sessions Judge. Kollam while executing the bail bond and in case he has none, file affidavit to that effect.
(c) Petitioner shall report to the Officer investigating Crime No.9 of 2014 of the Excise Circle Office, Kollam on every Monday, Wednesday and Saturday between 4 p.m and 5 p.m until otherwise ordered by the learned Principal Sessions Judge, Kollam.
(d) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(e) Petitioner shall not, during the period of this bail get involved in any offence.
(f) Petitioner shall not intimidate or influence the witnesses.
(g) In case of violation of any of condition Nos.(b) to (f), bail granted hereby is liable to be cancelled by moving application before the learned Principal Sessions Judge as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
(h) In case the petitioner surrenders the passport as aforesaid and it is required to be returned, appropriate application for that may be preferred before the learned Principal Sessions Judge, Kollam who shall decide the matter.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge