Petitioner is accused in crime No.5 of 2014 of the Manjeri Excise Range office for the offence punishable under Section 20 (b) (ii) B of the NDPS Act, 1985 for alleged possession of 1.320 Kg. of Ganga seized a firewood shed near the house of the petitioner on 01-05-2014, is in custody since then and seeks bail. 2. Heard the learned Public Prosecutor and learned counsel. Learned counsel submits that the petitioner is undergoing treatment for mental illness since long and that he has not committed any offence. It is submitted that Somebody else may have kept the contraband in the firewood shed. Some documents are also produced in support of the contention that the petitioner is undergoing treatment as aforesaid.
3. Since the petitioner is in custody from 01-05-2014 and having regard to relevant circumstances, I am inclined to grant bail but subject to the following conditions.
The application is allowed as under:
Petitioner is granted bail in Crime No.5 of 2014 of the Manjeri Excise Range office and shall be released (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with three sureties for the like sum each to the satisfaction of the learned Special Judge for trial of NDPS Act Cases, Vatakara and subject to the following conditions.
(a) Whether or not he/she has landed properties one of the sureties shall be the father/mother/wife/brother/sister/close relative of the petitioner
(b) Petitioner shall report to the officer investigating the case on all the second Saturday between 10 a.m. And 12.00 p.m. until filing of the final report.
(c) Petitioner shall report to the investigating officer as and when required for interrogation.
(d) Petitioner shall not get involved any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case any of condition Nos.(b) to (e) is violated, it is open to the officer investigating the case to seek cancellation of the bail before the learned Special Judge by filing application as held in P.K.Shaji V.State of Kerala (AIR 2006 SC 100).
Sd/-THOMAS P. JOSEPH JUDGE MJL