~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.1555/2014 of the Ernakulam Town South Police Station registered for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The allegation against the petitioner is that on 30.10.2014 at 9.30 p.m., he was found in possession of 5 ampules of psychotropic substance. The petitioner has been in custody for the period from 30.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner has invited the attention of this Court to the medical report of the petitioner, which shows that the petitioner is an acute Hepatitis-C patient, who requires complete medical attention. It seems that two ampules out of the 5 ampules do not contain psychotropic substance whereas, it is Promethazine Hydrochloride. No criminal antecedents have been reported against the petitioner. It seems that the investigation of this case is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the absence of criminal antecedents on his part and his present state of health, I am satisfied 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 concerned 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 Saturdays and Wednesdays, commencing from 22.11.2014 for a period of three months.
(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/19/11 // True Copy // PA to Judge