~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.2518/2012 of Kunnamkulam Police Station presently pending as Crime No.39/CR/OCW/III/PKD/13 for the offences punishable under Sections 468, 471 and 419 IPC and Section 12(1)(b) of the Passport Act, 1967 and Sections 27(a) and 29 of the NDPS Act, 1985.
3. An amount of ₹53,80,900/- kept at the house of the 1st accused was seized by the police on 19.12.2012 at 00.30 a.m.. When the 1st accused was arrested and questioned, he has allegedly revealed that the said amount was entrusted to him by the petitioner by way of amounts obtained by him through the sales of narcotic items. 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 submits that the petitioner has no connection with the said amounts allegedly seized from the house of the 1st accused and he has not procured any amounts by way of sales of narcotic items, and that he has never engaged in such sales. The petitioner was undergoing incarceration in connection with some crime in Kuwait jail from 2004 to 2014 for a period of 10 years, and on his release, he has been deported by the Kuwait authorities to India. By recording the submission that the petitioner has no connection with the amounts allegedly seized from the house of the 1st accused and that the petitioner has no claim over that amount, 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 or till the filing of the final report in this case, whichever is earlier.
(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