Kerala High Court
Raju Kattilparampil Aged 39Years vs State Of Kerala on 28 May, 2013
IN THE HIGH COURT OF KERALAATERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY,THE 28TH DAYOF MAY2013/7TH JYAISHTA1935
Bail Appl..No. 3020 of 2013 ()
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CRIME NO. 574/2013 OF THIRUVALLA POLICE STATION , PATHANAMTITTA
PETITIONERS/ACCUSED:
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RAJU KATTILPARAMPIL AGED 39YEARS
S/O.SHRI. FRANCIS, R/O.KATTILPARAPIL HOUSE, KALLUMULA
AMALLUR, KUTTAPPUZHA VILLAGE, THIRUVALLA
PATHANAMTHITTA DISTRICT, KERALA
BY ADVS.SRI.P.A.AUGUSTIAN
SRI.M.A.BABY
RESPONDENTS/COMPLAINANTS :
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA
2. THE STATION HOUSE OFFICER
THIRUVALLA POLICE STATION, THIRUVALLA 689 101
R BY PUBLIC PROSECUTOR SMT.MADHBEN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-05-2013,
THE COURT ON THE SAME DAYPASSEDTHE FOLLOWING:
AV
B. KEMAL PASHA, J
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B.A. No.3020 of 2013
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Dated this the 28th day of May, 2013
O R D E R
Petitioner is the first accused in Crime No.574/2013 of Thiruvalla Police Station, registered for the offence punishable under Section 353 r/w Section 34 of the Indian Penal Code and Section 20(b)(ii)A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The petitioner is conducting a petty shop. Suspecting that there was sales of Ganja, the police party conducted a raid at the petty shop and traced out 55 gms of Ganja allegedly kept in a Toffee box. It is alleged that, all of a sudden, the petitioner pushed down one of the police constables and ran away from there.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The offence under Section 20(b)
(ii)A of NDPS Act, 1985 is bailable. Even though, there is an allegation that the petitioner has deterred the investigation officers, who are public servants, from the discharge of B.A. No.3020 of 2013 2 their official duty, it seems that the petitioner has ran away from the spot and escaped from apprehension. On going through the contents of the CD, it has come out that the investigation of this case is practically over. No criminal antecedents have been reported against the petitioner.
4. Considering the facts and circumstances of this case and the present stage of investigation and also the absence of any criminal antecedents on the part of the petitioner, I am satisfied that anticipatory bail can be granted to the petitioner.
5. In the result, this B.A. is allowed and the petitioner shall be enlarged on bail on his executing a bond for Rs.25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the court below and subject to the following terms and conditions:-
(1) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 04.06.2013 for a period of three B.A. No.3020 of 2013 3 months or till the filing of the final report, whichever is earlier.
(2) The petitioner shall not tamper with the evidence or influence witnesses.
(3) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
B. KEMAL PASHA, JUDGE AV