Kerala High Court
Muhammed Nizar vs State Of Kerala on 19 January, 2017
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 19TH DAY OF JANUARY 2017/29TH POUSHA, 1938
Bail Appl..No. 272 of 2017 ()
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C.R. NO. 13/2016 OF NILAMBUR EXCISE CIRCLE OFFICE , MALAPPURAM
PETITIONER(S):
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1. MUHAMMED NIZAR,
AGED 38 YEARS, S/O.MUHAMMED,
RESIDING AT ILLIKKAL HOUSE,
KEEZHATTOOR AMSOM DESOM,
PERITHALMANNA TALUK,
MALAPPURAM DISTRICT.
2. KUNHAMU @ NANI,
AGED 33 YEARS, S/O.KUNHAMMAD KUTY,
RESIDING AT KUNNUMAL HOUSE,
NENMENI AMSOM, NALLUR DESOM,
PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT.
BY ADV. SRI.SURAJ.S
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE CIRCLE INSPECTOR OF EXCISE NILAMBUR,
MALAPPURAM. (CRIME NO.13 OF 2016).
BY PUBLIC PROSECUTOR SRI. K.A. ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
K.ABRAHAM MATHEW, J.
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B.A.No.272 of 2017
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Dated this the 19th day of January, 2017
O R D E R
Petition filed under Section 439 Cr.P.C.
2. The petitioners are the accused in C.R.No.13/2016 of Excise Range Office, Nilambur registered for the offences under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act. The allegation is that they were found transporting 15 gms of brown sugar on a scooter. They have been in custody since 18.11.2016. They are entitled to be released on bail.
In the result, this application is allowed.
1) The petitioners shall be released on bail after interrogation on their executing bond for Rs.1,00,000/-
(Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
2) They shall appear before the Investigating B.A.No.272 of 2017 2 Officer for interrogation between 3 pm and 4 pm on every Thursday for six months or till the final report is filed whichever is earlier.
3) They shall not destroy or tamper with evidence.
4) They shall surrender their passport before the lower court concerned or if they do not have one they shall file an affidavit to that effect within five days of their release.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K.ABRAHAM MATHEW
JUDGE
sd
// True Copy // P.A. to Judge