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2023 Supreme(Ker) 899

P. V. KUNHIKRISHNAN
Abedur Shekh – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.SREEKUMAR, HELEN P.A., STEPHANIE SHARON, ATHUL ROY, NITHIN ANTONY JOSE
For the Respondent: SRI M P PRASANTH, PP

ORDER :

The short point to be decided in this case is that, while imposing a condition in a bail order whether the Court can insist that sureties who have to execute the bond shall be from a particular district alone or from a particular State alone. This point is not res integra. The Apex Court and this Court consistently observed that, such conditions shall not be imposed while granting bail. Even then, some of the courts are imposing such conditions.

2. In this case, the petitioner is the accused in Crime No.8/2020 of Excise Range Office, Peerumedu, Idukki. The case is registered alleging offences punishable under sections 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, ‘the Act’]. Now the case is pending as S.C(NDPS).No.52/2023 before the Special Judge for NDPS Act cases, Thodupuzha. The petitioner is a person who belongs to West Bengal.

3. The petitioner was released on bail as per order dated 16.07.2020 in Crl.M.C.No.52/2020 on an earlier occasion. Thereafter, when the petitioner was absent, his bail bond was forfeited and the case was transferred to the register of long pending cases. Subsequently, the presence of the accused was procured o

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