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Judgment
V. Jagannathan, J.—Heard both sides in respect of bail sought by the Petitioners who are A-3 and A-6 in the case registered in Cr. No. 321/2010 in respect of the offence punishable u/s 21 of the N.D.P.S. Act.
The complaint allegations as per the complaint of the Dy. Superintendent of Police is that, on 18.12.10, he found some unknown persons selling drugs near Malnad College of Engineering, Hassan and he went and apprehended five persons and out of them, four persons were caught and from A-2 they recovered 870 grams of brown sugar.
Submission of Petitioners counsel is that, even as per the police version, nothing was found in possession with the Petitioners herein, but it was A-2 who was said to be in possession of the contraband drugs. Stating that the Petitioners are young persons, bail is sought.
Submission of learned Addl. S.P.P for the Respondent - State is that, the Petitioners are required for the purpose of interrogation and moreover charge sheet is not yet filed.
Having thus heard both sides and after going through the police records and recovery of brown sugar being said to be from the possession of A-2, I am of the view that the Petitioners herein can be released on bail by imposing conditions. Hence, I pass the following order.
The petition is allowed by imposing the following conditions:
The Petitioners shall be released on bail on each of them executing a personal bond for Rs. 25,000/- with two sureties for the likesum, to the satisfaction of the trial court.
They shall not hamper the investigation and shall not give threat to the prosecution witnesses in any manner.
They shall mark their attendance before the jurisdictional police on every Saturday between 10.00 a.m. and 5.00 p.m.
They shall appear before the trial court on all the dates of heating without fail.
They shall not involve in offences of like nature in future.