Allowed

Milton N.J. v. State of Kerala

Kerala HC7 Dec 2012Bail Appl./7965/2012

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to two accused persons booked under the NDPS Act for drug possession. The court released them on personal and joint sureties subject to specific conditions regarding reporting and witness interaction.

What did the court decide?

Petitioners released on bail on bond of Rs. 25,000 with solvent sureties, subject to reporting and non-tampering conditions.

Milton N.J. Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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FRIDAY, THE 7TH DAY OF DECEMBER 2012/16TH AGRAHAYANA 1934

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Bail Appl..No. 7965 of 2012 (A)

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[CRIME NO.2042/2012 OF KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT]

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PETITIONERS/ACCUSED NO. 4 AND 5:

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1. MILTON N.J, AGED 25 YEARS, S/O JACOB, NEDUMNILATHU HOUSE, SNATHANA ROAD, KONAM, PALLURUTHY, PERUMPADAPPU, KOCHI-6.

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2. AFSAL P.A,, AGED 20 YEARS, S/O ABU, H.NO 7/223, CHAVADY, CHAKKAMADAM, KOCHI -2.

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BY ADVS.SRI.S.RAJEEV,

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SRI.K.K.DHEERENDRAKRISHNAN.

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RESPONDENT)/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031, (CRIME NO 2042/2012 OF KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT.

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BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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P.BHAVADASAN, J.

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--------------------------------------------B.A. No.7965 of 2012

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Dated this the 7^th day of December, 2012

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O R D E R

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This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused in Crime No.2042 of 2012 of Kochi Cusba Police Station was booked for the offences punishable under Sections 22(c) and 8(c) of NDPS Act.

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2.The prosecution case is that on 3.9.2012 at 12.45 p.m, the police has got secret information regarding the possession of contraband by some people and accused No.4 and 5 were arrested . They were arrested on 4.9.2012 onwards. Since then they were in custody. The petitioners claimed that they are totally innocent and have been falsely implicated in the case. It is also pointed out that their continued custody is unnecessary.

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The learned Public Prosecutor pointed out that petitioners have no criminal antecedents and also investigation is not yet completed.

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After having heard the learned counsel for the petitioners and the learned Public Prosecutor and considering the quantity of the contraband seized and also the fact that the petitioners having been in custody from 4.9.2012 and since the investigation must almost have been completed and there is no apprehension expressed by the prosecution that if released on bail, the petitioners ares likely to abscond, the petition is allowed as follows:

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The petitioners shall be released on bail on each of

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B.A. No.7965 of 2012 2

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them executing a bond for Rs.25,000/- (Rupees Twenty five Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the Sessions Court, Ernakulam.

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1. The learned Sessions Court shall ensure the identity of the sureties and veracity of the tax receipts produced by the sureties.

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1. The petitioners shall report before the Investigating Officer on every Thursday between 10 am and 11 am till final report is laid.

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1. The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

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1. If any of the condition is violated, the bail granted shall stand cancelled, and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.

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P.BHAVADASAN, JUDGE

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cms

Milton N.J. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Milton N.J. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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