Allowed

M.T.Soman v. Union of India

Kerala HC7 Sept 2015Bail Appl./4958/2015

Case brief

AI extract

What is this about?

High Court at Ernakulam granted bail to the accused charged under Section 20(b)(ii)(B) of NDPS Act for possessing hashish oil, subject to conditions regarding bond, sureties, passport surrender, and appearance before IO.

What did the court decide?

Bail granted upon executing bond of Rs. 50,000 with two solvent sureties and complying with specific conditions regarding passport, appearances, and conduct.

M.T.Soman Vs Union of India — Narcotics (NDPS) | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.HARIPRASAD

¶4

MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937

¶5

Bail Appl..No. 4958 of 2015 ()

¶6

------------------------------DRI/CHN/NDPS/OR-1/2015 CRL.MC.NO. 1467/2015 OF SESSIONS COURT, ERNAKULAM

¶7

PETITIONER/ACCUSED :

¶8

M.T.SOMAN

¶9

AGED 64, S/O. LATE THEVUTHAN, PULLINATTUPARAMBIL HOUSE ALUPURAM P.O., KALAMASSERY, ERNAKULAM.

¶10

BY ADV. SRI.PAUL K. PETER

¶11

RESPONDENT/COMPLAINANT :

¶12

UNION OF INDIA

¶13

REPRESENTED BY THE DEPUTY DIRECTOR (DRI/CHN/NDPS/OR-1/2015) DIRECTORATE OF REVENUE INTELLIGENCE OFFICER, COCHIN REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, DRI.

¶14

BY SPL. PUBLIC PROSECUTOR SRI. C.P. UDAYABHANU

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

¶17

A.HARIPRASAD, J.

¶18

-------------------------------------B.A. No.4958 of 2015

¶19

Dated this the 7^th day of September, 2015

¶20

ORDER

¶21

Application for bail under Section 439 of the Code of Criminal

¶22

Procedure.

¶23

Petitioner is the accused in DRI/CHN/NDPS/OR-1/15 registered for offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985.

¶24

Prosecution case, in short, is that on 06.07.2015, the petitioner was found in possession of 800 grams of hashish oil at a place near Kalamassery. He was riding a motor cycle and when he was intercepted by the officers of the Directorate of Revenue Intelligence, they could find out his illegal possession of the contraband. In spite of best efforts, they could not file the final report in the statutory time.

¶25

Heard both sides.

¶26

Considering the stage of investigation and the gravity of the allegations against the petitioner, bail can be granted to him with the following conditions:

¶27

i. The petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties

¶28

¶29

BA No.4958/2015

¶30

each for the like sum to the satisfaction of the Principal Sessions Court, Ernakulam.

¶31

ii. The sureties shall produce documents to establish their identity and solvency.

¶32

iii. The petitioner shall surrender his passport, if any, forthwith. If he does not have a passport, he shall file an affidavit swearing to that fact and submit it before the Principal Sessions Court, Ernakulam.

¶33

iv. The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.

¶34

iv. The petitioner shall not indulge in any offence while on

¶35

bail.

¶36

v. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

¶37

If any of the above conditions is breached by the petitioner, the learned Principal Sessions Judge is free to cancel bail without referring the matter to this Court.

¶38

A. HARIPRASAD, JUDGE.

¶39

cks

M.T.Soman v. Union of India

Case brief

What is this about?

What did the court decide?

M.T.Soman v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Romin Alby Vs State of Kerala

Lakshmanan Vs State of Kerala

Romin Alby Vs State of Kerala

James Mon Jacob Vs State of Kerala

Jithin Dev Vs State of Kerala

Pradeep Vs State of Kerala