Petitioner is the second accused in Crime No. 503/2010 of Nilambur Police Station for the offences punishable under Section 20 (b) ii (B) of the NDPS Act for alleged possession (personally) of 1.200 kgs of ganja on 31.07.2010, was arrested and released on bail, later allegedly absconded, now is in custody and seeks bail. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Learned Public Prosecutor has submitted that the petitioner absconded and final report was filed in the court of learned special Judge for trial of NDPS Act cases, Vadakara. The case is now pending in that Court as S.C. No. 80/2012. In the meantime, the petitioner was convicted and sentenced in S.C. No. 29/2012 for similar offence.
4. Learned counsel submitted that the petitioner could not attend the court in Crime No. 503/2010 since by that time he was arrested in S.C. No. 29/2012. It is also submitted that sentence imposed on the petitioner in S.C. No. 29/2012 is suspended by the appellate court. Learned counsel has offered to produce surety having landed property in the State of Kerala.
5. In view of the above circumstances and as further detention of the petitioner is not required, I am inclined to grant relief, but subject to conditions and accepting offer made by the learned counsel.
Application is allowed as under:
Petitioner is granted bail in Crime No.503 of 2010 of the Nilambur 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 special Judge for trial of NDPS Act cases, Vadakara and subject to the following conditions:
(a) One of the sureties shall be a person hailing from and having landed property in the State of Kerala.
(b) Petitioner shall until disposal of the case or until ordered by the learned special Judge, stay within Kozhikode District.
(c) While executing the bail bond, the petitioner shall state his place of stay as aforesaid before the special Judge and a intimation in writing to that effect shall be given to the officer, who has investigated the case.
(d) Any change of place of stay within Kozhikode District shall be with the permission of learned special Judge.
(e) Petitioner shall not go beyond Kozhikode District except with the permission of learned Special Judge.
(f) Petitioner shall not get involved any offence during the period of this bail.
(g) Petitioner shall not intimidate or influence the witnesses.
(h) In case any of condition nos.(b) to (g) is violated, it is open to the investigating officer to file application before the learned special Judge for trial of NDPS Act cases, Vadakara, for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH JUDGE DMR/-