Bail Application allowed granting release to accused charged under NDPS Act based on statutory right to default bail after 60 days remand without final report filed.
Petitioner released on bail with bond of Rs.50,000/ and sureties subject to conditions
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
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939
Bail Appl..No. 8873 of 2017
CRIME NO. 147/2017 OF EXCISE ENFORCEMENT & NARCOTIC SPECIAL SQUAD, KOLLAM.
PETITIONER/SOLE ACCUSED:
SATHEESH KUMAR, AGED 31 YEARS, S/O. SASIDHARAN, RESIDING AT MADAPPARA PUTHEN VEEDU, ELAMPAL P.O., PUNALUR VILLAGE & TALUK, KOLLAM DISTRICT.
BY ADVS.SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
RESPONDENT/COMPLAINANT/STATE:
THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
RAJA VIJAYARAGHAVAN V, J.
B.A.No.8873 of 2017
Dated this the 12th day of January, 2018
ORDER
B.A.No. 8873 of 2017 2
and the petitioner is prepared to offer bail.
the submissions.
6.It appears that more than 60 days have elapsed from the date of remand of the petitioner. The final report has not been filed till date. Section 167 (2)(a)(ii) of Cr.P.C. would squarely apply and the petitioner herein is entitled to default bail.
a)The petitioner shall be released on 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 court having jurisdiction.
b) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 AM and 11 AM, for 2 months or till final report is filed, whichever is earlier.
c) 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 jurisdictional court.
B.A.No. 8873 of 2017 3
d) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
e) The petitioner shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
//True Copy\
P.A to Judge
IAP
1 issue framed by the court
Whether the petitioner is entitled to default bail as more than 60 days have elapsed since his arrest without the filing of the final report under Section 167(2)(a)(ii) of Cr.P.C?
3 provisions across 2 enactments
SATHEESH KUMAR
THE STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
