~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.243/CR/2009 of CBCID (OCW-III), Thrissur/Palakkad pending investigation for the offence punishable under Section 21(c) of the NDPS Act, 1985.
3. This is a case wherein 1050 grams of brown sugar was seized from the 1st accused. The investigation has revealed that the same was handed over to him by the 2nd accused. The case against the petitioner is that it was on his instructions, the said quantity of brown sugar was purchased by A2 from New Delhi. The petitioner has been in custody for the period from 17.10.2014 onwards.
4. Heard learned Senior Counsel for the petitioner and the learned Public Prosecutor.
5. The learned Senior Counsel for the petitioner has pointed out that the petitioner was undergoing incarceration in connection with some crime in Kuwait, from 2004 to 2014 for a period of 10 years and on his release, he has been deported from Kuwait. The incident in this case had allegedly occurred on 15.01.2009. It has been pointed out that on the date of incident and on the date on which the petitioner had allegedly directed the 2nd accused to purchase brown sugar, he was undergoing incarceration there in Kuwait jail. The learned Public Prosecutor has also conceded the fact that the petitioner was undergoing incarceration during the said period; but the prosecution version is that from the jail, he had given direction over the phone. Apart from the confession allegedly obtained from the co-accused, the prosecution has no other evidence at present as against the petitioner. Considering all the above, I am of the view 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 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 Sundays and Wednesdays, commencing from 16.11.2014 for a period of three 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/13/11 // True Copy // PA to Judge