Allowed

Sharafudeen v. State of Kerala

Kerala HC29 Apr 2016Bail Appl./2250/2016

Case brief

AI extract

What is this about?

Petitioner, accused in NDPS case for possession of ganja, was in custody since January 21, 2016. As the investigation agency failed to file the final report within 60 days of remand, the court granted default bail subject to conditions regarding appearance and surrender of passport.

What did the court decide?

Petitioner released on bail on executing a bond for Rs. 50,000 with two solvent sureties for the like sum, subject to conditions appearing in the order.

Sharafudeen Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2016)

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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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 29TH DAY OF APRIL 2016/9TH VAISAKHA, 1938

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Bail Appl..No. 2250 of 2016 ()

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------------------------------CRMP 714/2016 of SESSIONS COURT,TRIVANDRUM CRIME NO. 257/2016 OF NEMOM POLICE STATION , THIRUVANANDAPURAM

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PETITIONER(S)/ACCUSED (PARTY IN CUSTODY):

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SHARAFUDEEN S/O SHAHUL HAMEED, AGED 31 KUNJUVEETTILKONATHU VEEDU, UNDAPPARA, POOVACHAL P.O., PERUMKULAM VILLAGE, KATTAKADA TALUK, THIRUVANANTHAPURAM.

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BY ADV. SRI.THOUFEEK AHAMED

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RESPONDENT(S)/STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

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BY PUBLIC PROSECUTOR SMT JASMINE V.H.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-04-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN.V, J

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B.A.2250 of 2016

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- - - - Dated 29^th April, 2016

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ORDER

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1.Application for regular bail.

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2.The petitioner faces allegation under Section 20(b)(ii)B of Narcotic Drugs and Psychotropic Substances Act.

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3.The prosecution allegation is that he was found in possession of 2.200 kgms of ganja at 8.50 a.m on 21.2.2016. It appears that the quantity involved is intermediate quantity. The petitioner was taken into custody on 21.2.2016 and he has been in custody since then. The investigationg agency has not filed the final report within 60 days from the date of remand of the accused.

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4.In view of the above, the petitioner is entitled to default bail under the proviso to Section 167

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B.A.2250/16

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(2) of the Code of Criminal Procedure.

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5.Accordingly, the petitioner will be released on

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bail on his executing a bond for Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Sessions Court,

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Thiruvananthapuram, subject to the following conditions:

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a) The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 9 AM and 10 AM , for 6 months or till final report is filed, which ever is earlier. (b) The petitioner shall surrender his passport if any forthwith. If he does not have a passport , he shall file an affidavit to that effect before the concerned court.

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c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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d) The petitioner shall not commit any offence while he is on bail.

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In case of violation of any of the

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B.A.2250/16

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above conditions, the concerned Court shall be empowered to cancel the bail in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN.V. Judge

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Mrcs/29.4.2016

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//True Copy//

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P.S.To Judge

Sharafudeen v. State of Kerala

Case brief

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Sharafudeen v. State of Kerala

Case brief

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