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Sharath Mohan vs State Of Kerala

High Court Of Kerala|01 December, 2014
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JUDGMENT / ORDER

The petitioners herein are the accused Nos. 2 and 3 in Crime No. 599/2014 of the Vellarada Police Station, registered under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. The quantity of ganja involved is more than 4 Kg. They were granted bail by the learned II Additional Sessions Judge, Thiruvananthapuram as per order dated 20.11.2014 in Crl.M.P. No. 2591/2014, on some conditions. The petitioners are aggrieved by the condition that they shall make deposit of Rs.20,000/- each as cash security. 2. On hearing both sides, I find no merit in the contention raised by the petitioner, and I find no reason to interfere in the orders passed by the court below. The learned Public Prosecutor submits that the petitioners are involved in other crimes, and their arrest in this case was recorded while they were undergoing custody in another crime. The learned counsel submits that the condition imposed by the court below is onerous and Crl.M.C.. No. 6633/2014 2 unreasonable. Of course, it is well settled that conditions imposed by a court for bail, whether it is statutory bail or not, shall not be unreasonable and irrational. The court will have to consider the circumstance of the crime, the gravity of the crime, antecedents of the accused, the possibility of the accused absconding from legal process etc. etc. Here, the quantity of ganja involved is more than 4 Kg. It is submitted that the accused are involved in other crimes also. In such a situation, I do not think that the condition imposed by the court below is onerous, unreasonable or irrational. To secure the presence of the accused during trial, some conditions are necessary. I do not feel the necessity of interference in the condition imposed by the court below.
In this result, petition is dismissed in limine, without being admitted to files.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

Sharath Mohan vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
01 December, 2014
Judges
  • P Ubaid
Advocates
  • S Vinodkumar Vanchiyoor
  • Sri Anoop Bhaskar
  • Smt
  • K R Monisha Sri Boby
  • C
  • Baby Smt