~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.908/2014 of Vattappara Police Station registered for the offences punishable under Section 420 read with Section 34 IPC and Section 20(b)(ii)A, 23(a) and 29 of the NDPS Act, 1985.
3. The son of the de facto complainant Anshar had come on leave from Kuwait. When he was about to depart on 28.10.2014, the relatives of other persons working in Kuwait had entrusted some food materials etc. to him for taking it to Kuwait. The petitioner brought a packet allegedly containing pickle to be taken to A2 in Kuwait. As the weight of the articles to be taken to Kuwait were more than the permissible quantity stipulated by the Airlines, some of the articles were left out and he proceeded to Kuwait. After that, when the de facto complainant opened the packet and examined it, a packet of ganja, which was covered in insulation tape, was found in the container containing pickle. The petitioner has been in custody for the period from 03.11.2014 onwards.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation of this case as far as the present petitioner is concerned, is practically over. The petitioner is a boy of 19 years old. Considering all the above, I am satisfied that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned court below, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing from 13.12.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/10/12 // True Copy // PA to Judge