High CourtsSingle Bench

Bunashkhan @ Achu vs State Of Kerala

High Court Of Kerala · Decided on 4 April 2022 · Citation: (2022) 04 KL CK 0028

HON’BLE JUDGES
Gopinath.P, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 36A(4)
RESULT
Dismissed
CASE NUMBER
Bail Application No. 2297 Of 2022
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Judgment

8 paragraphs · 272 words

Gopinath.P, J

1.

When this matter is taken up for consideration today, it is fairly submitted by the learned Public Prosecutor that the petitioner is entitled to statutory bail as on date, the petitioner became entitled to statutory bail on completion of 180 days of custody on 12.06.2021, while the report seeking extension of time to complete the investigation under the proviso to Section 36A(4) of the NDPS Act was filed only on 08.02.2022. It is also not disputed before me that when the report seeking extension of time was filed on 08.02.2022, the statutory bail application of the petitioner was pending. Taking note of the above facts and circumstances, I am of the view that the petitioner is entitled to be released on bail subject to conditions.

2.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating officer in Crime No.90/2021 of VallikunnamPolice Station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.90/2021 of VallikunnamPolice Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.90/2021 of VallikunnamPolice Station may file an application before the jurisdictional Court for cancellation of bail.