Kerala High Court
Umar P.K vs The State Of Kerala on 5 July, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940
Bail Appl..No. 4216 of 2018
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CRIME NO.38/2018 OF MANANTHAVADY EXCISE RANGE OFFICE, WAYANAD
PETITIONER(S)/ACCUSED:
1 UMAR P.K.,
S/O.IBRAHIM, AGED 22 YEARS,
SIRAJ MANZIL, PANTHITIKKARA,
CHANGROTH, AVADUKKA, KOYILANDY TALUK.
2 JAISAL K.M.,
S/O.KASIM K., AGED 26 YEARS,
KUNNATH HOUSE, THADORAPARA P.O.,
KOYILANDY TALUK, KOZHIKODE DISTRICT.
BY ADV.SRI.SHARAN SHAHIER
RESPONDENT/COMPLAINANT/STATE:
THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR. AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-07-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN V., J
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B.A. No. 4216 of 2018
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Dated this the 5th day of July, 2018
ORDER
This application is filed under B'439 of the Cr.P.C.
2. The applicants herein are the accused Nos.1 and 2 in Crime No.38 of 2018 of the Mananthavady Excise Range, registered under B'20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. On 26.5.2018, a combined vehicle inspection was conducted by the Excise Inspector, Mananthavady and a car bearing Reg. No.KL-60/B-9978 in which the applicants herein were travelling was searched at the Tholpatty Excise Check Post. About 1.55kgs of Ganja was found concealed inside the bonnet of the car. Search of the body of the applicants resulted in the seizure of 25 gms each of Ganja from their possession. The contraband articles were seized and the accused were arrested.
4. The learned counsel appearing for the applicants submitted that the applicants are innocent. They were traveling in the vehicle of their friend. According to the learned counsel, BA.4216/18 -:2:- they were not aware about the concealment of Ganja inside the bonnet. It is further urged that the search of the body of the applicants were carried out without complying with the mandatory formalities.
5. The learned Public Prosecutor was heard. I have also gone through the case diary which was made available.
6. It appears from the case diary that substantial progress has been achieved insofar as the investigation is concerned. It is not reported that the applicants are involved in other crimes of similar nature. The quantity that has been seized is just above the upper limit of small quantity.
7. Having regard to the nature and gravity of the allegations, their character and antecedents, the stage of investigation and the possibility of ensuring the appearance of the applicants before the trial court, I am of the view that the applicants can now be released on bail.
In the result, this application will stand allowed. The applicants shall be released on bail on their executing a bond for Rs.1,00,000/-(Rupees One lakh only) each with two solvent BA.4216/18 -:3:- sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:
1). The applicants shall appear before the Investigating Officer on all Saturdays between 10 am and 1 pm for a period of three months or till the final report is filed, whichever is earlier.
Thereafter, they shall appear before the investigating officer as and when directed.
2). They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
3). They shall not commit any offence while they are on bail.
4). They shall not leave the State of Kerala.
5). The applicants shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If release of the passport is required at a later period, the applicants shall be at liberty to move appropriate application before the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
Raja Vijayaraghavan V., Judge krj.4/7 //true copy// P.A to Judge