The High Court of Kerala allowed the criminal miscellaneous case, deleting the condition requiring the petitioner to produce a close relative as surety for bail under the NDPS Act, acknowledging the petitioner had no solvent close relative.
Condition No.4 requiring a close relative as surety in the bail order dated 26.10.2013 was deleted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
MONDAY, THE 20TH DAY OF JANUARY 2014/30TH POUSHA, 1935
Crl.MC.No. 459 of 2014
AGAINST THE ORDER IN CRMP 352/2013 of SESSIONS COURT, THODUPUZHA DATED 26-10-2013 CRIME NO. 2/2013 OF KATTAPPANA EXCISE RANGE OFFICE , IDUKKI
PETITIONER(S)/2ND ACCUSED:
SHIRAS,
S/O.ZAKEER, PUTHANPURACKAL HOUSE, CHERAPPIKADAVU KARA, MATTANCHERRY VILLAGE, MATTANCHERY TALUK, ERNAKULAM DISTRICT, PIN-682002.
BY ADVS.SRI.ANVER BASHEER SRI.P.A.MUJEEB
RESPONDENTS/COMPLAINANT:
STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, COCHIN-31
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 459 of 2014
APPENDIX
PETITIONER(S)' ANNEXURE
A1:CERTIFIED COPY OF THE ORDER DTD 26/10/2013 IN CRMP NO 352/2013 OF HON'BLE DISTRICT AND SESSIONS COURT THODUPUZHA, IN CRIME NO 2/2013 OF EXCISE RANGE OFFICE KATTAPANA, IDUKKI DISTRICT.
RESPONDENT(S)' ANNEXURE
NIL.
/ TRUE COPY /
P.S.TO JUDGE
PJ
HARUN-UL-RASHID, J.
Crl.M.C.No. 459 of 2014
Dated this the 20th day of January, 2014
ORDER
Petitioner is the 2nd accused in Crime No.2 of 2013 of Excise Range Office, Kattapana, Idukki District. The offences alleged against the petitioner are punishable under Section 20(b), (i), (B) and Section 29 of the N.D.P.S Act. Vide order dated 26.10.2013 in C.M.P No.352 of 2013, the Special Judge granted bail subjected to five conditions. Condition No.4 is that 'one of the sureties shall be a close relative of the petitioners'.
Crl.M.C.No. 459 of 2014
2
this Crl.M.C. is allowed. Condition No.4 in the impugned order marked as Annexure-A1 shall stand deleted.
HARUN-UL-RASHID, JUDGE
AMV
1 issue framed by the court
Whether the condition regarding a close relative as surety should be waived due to lack of solvent relatives.
1 provisions across 1 enactments
SHIRAS
STATE OF KERALA
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
