Petitioner is the 4th accused in Crime No.236 of 2013 of the Kasargod Police Station for the offences punishable under Sections 20(b) (ii) (c) and 29 (i) of the NDPS Act, 1985, is in custody from 21.03.2014 and seeks bail. 2. The learned Public Prosecutor submitted that on 20.03.2014 at about 3.15 p.m. one Muhammed Usman was found in possession of 111 Kgs. of ganja and attempting to transport the same in an autorickshaw. Himself and other accused were arrested and questioned. Thereon, involvement of the petitioner in the alleged incident was revealed. A report was filed to include the petitioner as the 4th accused. Bank account and call details indicated involvement of the petitioner in the incident.
3. The learned counsel submitted that though the alleged incident happened on 20.03.2013, a report implicating the petitioner as an accused was filed before court only in March 2014 based on insufficient materials. According to the learned counsel the mobile phone number of the petitioner happened to be in the mobile phone of one of the accused.
4. Petitioner is in custody from 21.03.2014 some of the accused in the case are on bail. Petitioner is not reported to be involved in any other case from the Kasargod Police Station. Hence, I am inclined to grant relief to the petitioner but subject to conditions so that, investigation of the case is not affected.
The application is allowed as under :
I. Petitioner is granted bail in Crime No.236 of 2013 of the Kasargod Police Station and shall be released on bail (if not required to be detained otherwise) on his executing bond for `30,000/- (Rupees thirty thousand only) with three sureties for the like sum to the satisfaction of the Principal Sessions Judge, Kasargod and subject to the following conditions .
a. Whether or not he/she has landed property, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
b. Petitioner shall report to the officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m, until filing of the final report or for two months whichever is earlier.
c. Petitioner shall report to the investigating officer as and when required for interrogation.
d. Petitioner shall not get involved in 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 investigating officer to file application before the learned m Principal Sessions Judge or other Sessions Judge trying the case, as may be for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE