MURUKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In the petition on hand, a part of condition No.1 imposed while granting bail to the petitioner by order passed by Court of Sessions, Palakkad in Crime No.146/2019 (NDPS) of Walayar Police Station, copy of which is appended to this petition as Annexure A, is sought to be set aside. The petitioner is the sole accused in the above crime, registered against him alleging commission of an offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'the NDPS Act '). The crime was registered by the Walayar Police.

(2.) As per the allegation of the prosecution 10.050 Kgs of ganja was seized from the possession of the petitioner while it was being transported by him in a scooter bearing Registration No.TN-37- BJ-0940. He was arrested then and there, produced before the court on 10.5.2019 and remanded to judicial custody.

(3.) Bail was granted to him by Court of Sessions, Palakkad on 5.7.2019 by Annexure A order. While ordering to release the petitioner on bail, the court had imposed five conditions, the first among which is under challenge herein. While imposing condition No.1, the court has directed the petitioner to execute a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of that court. The court has further directed that the sureties must be his parents and close relatives. A direction to deposit Rs.20,000/- as cash security simultaneous to the execution of the bail bond, was also incorporated.