High CourtsSingle Bench

Subi K. Sudhan vs State of Kerala

High Court Of Kerala · Decided on 13 August 2010 · Citation: (2010) 08 KL CK 0268

HON’BLE JUDGES
V. Ramkumar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 167(2) · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 20
RESULT
Allowed
CASE NUMBER
Bail Application No. 4548 of 2010
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Judgment

9 paragraphs · 224 words

V. Ramkumar, J.—Petitioner, who is the 4th accused in Crime No. 382/2008 of Munnar Police Station for an offence punishable u/s 20(b)(ii)(B) of the NDPS Act, seeks his enlargement on bail.

2.

The learned Public Prosecutor on instructions submitted that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to Section 167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right.

3.

Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Special Court for NDPS Act Cases, Thodupuzha and subject to the following conditions:

1.

Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

2.

Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

3.

The petitioner shall make himself available for interrogation as and when required by the investigating officer.

4.

Petitioner shall not commit any offence while on bail.

If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

This application is allowed as above.