Petitioner is the 4th accused in Crime No.308 of 2013 of the Vidyanagar Police Station for the offences punishable under Sections 20(b)(ii)(c) and Section 29 of the NDPS Act, 1985 is in custody from 06.03.2014 and seeks bail.
2. I have heard the learned Public Prosecutor and the learned counsel for the petitioner.
3. Learned Public Prosecutor has submitted that 52 kgs. of ganja was transported in the secrete chamber of a vehicle which was taken to custody. The petitioner constructed secrete chamber for that vehicle.
4. Learned counsel submitted that B.A.No.2426 of 2014 filed by the petitioner was dismissed as per order dated 08.04.2014. It is submitted that further detention of the petitioner is not required.
5. Having regard to role attributed to the petitioner and as he is in custody from 06.03.2014, I am inclined to grant relief to the petitioner but subject to stringent conditions.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.308 of 2013 of the Vidyanagar Police Station and shall be released on bail, if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned Principal Sessions Judge, Kasaragod and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer investigating the case on every Saturday between 03.00 p.m and 05.00 p.m for a period of two months or until filing of the final report, whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not, during the period of this bail get involved in any offence.
(e) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos.
(b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned Principal Sessions Judge or the learned Session Judge before whom the case is tried, as the case may be as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge