✦ Kerala High Court · 23 May 2009

K.T.SANKARAN v. State ofKerala (2001(1) KLT 827) in support of the contention that incase

BAIL APPL No. 2563 of 2009K T SANKARAN2 min read

Case at a glance

Outcome

Bail granted

The Bail Application is allowed as above

Key paragraphs

  • Para 55. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Special Judge (NDPSAct cases), Vatakara, subject to the following conditions:A) The petitioner shall report before the investigating officer…

Judgment

K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2563 of 2009----------------------------------------- Dated this the 23rd May, 2009

O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 167/2009 of Koyilandy Police Station.

2.

The offence alleged against the petitioner is under Section 20(b)(II)(B) of the Narcotic Drugs and PsychotropicSubstances Act, 1985.

3.

The petitioner was arrested on 19.3.2009. Final reportis not filed so far. Learned counsel for petitioner submits that proviso (a)(ii) to sub-section (2) of Section 167 of the Code of Criminal Procedure would apply in the case and therefore, the petitioner is entitled to be released on bail. He relies on the decision of the Supreme Court in Rajeev Chaudhary v. State(NCT) of Delhi ( (2001)5 SCC 34) and Sreerajan v. State of Kerala (2001(1) KLT 827) in support of the contention that incase where the punishment extends up to 10 years, clause (ii) BA.2563/092of the proviso to Section 167 Cr.P.C would apply. I am inclined to accept this contention.

4.

Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner.

Operative part

5.

The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Special Judge (NDPSAct cases), Vatakara, subject to the following conditions:A) The petitioner shall report before the investigating officer between 9 AM and 11AM on all Mondays, till the final report is filed or until further orders;B) The petitioner shall appear before the investigating officer for interrogation as and when required;C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA.2563/093D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail.E) In case of breach of any of the conditions mentioned above, the bail shall be liable tobe cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE vgs.

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The Bail Application is allowed as above

Which statutory provisions did this judgment involve?

Narcotic Drugs and Psychotropic Substances Act, 1985; Code of Criminal Procedure, 1973 — ss. 167, 439; Narcotic Drugs and PsychotropicSubstances Act, 1985 — s. 20(b)(II)(B).

Which court decided this case, and when?

Kerala High Court, on 23 May 2009. The bench was K T SANKARAN.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Kerala High Court or eCourts case status (search case no. BAIL APPL No. 2563 of 2009). ← Search more judgments