SHIRAZ V.H. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petition on hand is preferred by petitioners against an order passed by Court of Sessions, Palakkad (for short 'the trial court') on 21.8.2019 granting bail to the petitioners. Crl.M.C. No. 2793 of 2019 was filed in NDPS crime No. 05 of 2019 of Kollengode Excise Range, Palakkad registered for offences punishable under Sections 20(b)(ii) B, 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). In Crl.M.C. No. 2793 of 2019 under Section 439 of Cr.P.C., the petitioners prayed for grant of statutory bail, in view of the non filing of the final report within 180 days. The court concerned has allowed the application on being convinced of the passage of 180 days and therefore, entitlement of the petitioners to obtain bail. While allowing the application and granting bail to them, the court concerned has imposed 4 conditions, the first among which is extracted hereunder:--

(2.) Aggrieved by the condition imposed as above, the present Crl.M.C. is filed by accused Nos. 1 and 2. The contention of Sri Haris E.A., the learned counsel for the petitioners was that, though statutory bail was granted to petitioners on 21.08.2019, they were prevented from enjoying the fruits of the order in view of their inability to comply with condition No. 1.

(3.) The learned counsel has produced Annexures A2 to A4 alongwith the petition on hand to substantiate the factum that petitioners are not in a position to comply with condition No. 1 in the order granting bail. Annexure A2 is the copy of the Ration Card of the 1st petitioner, Annexure A3 is the rental deed executed by the mother of the 2nd petitioner and Annexure A4 is the copy of the S.S.L.C. certificate of the 2nd petitioner. Annexure A2 was produced by the learned counsel to establish that the 1st petitioner is the grand child of the holder of a Ration Card which incorporates about 20 members as beneficiaries. Annexure A3 is the rental agreement which was produced to establish that the 2nd petitioner does not own a house but is residing in a rented one. Annexure A4 is a document produced to establish the relationship of the 2nd petitioner with the tenant in Annexure A3.