IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Bail Appl..No. 7683 of 2009() ---------------------------------- CRIME NO. 94/2009 OF EXCISE RAGE,THIRUVANANTHAPURAM .......................... PETITIONER/ACCUSED : ----------------------------- MURALI, AGED 45 YEARS, S/O.THANKAPPAN, T.C.12/78, MALAVANA BUND, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADVS. SRI.P.V.ANIL SMT.R.RAMYA RESPONDENT/COMPLAINANT -------------------------- THE EXCISE INSPECTOR, EXCISE RANGE, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7683 of 2009 ------------------------------------ Dated this the 7th day of January, 2010 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. 94/2009 of Excise Range, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 20(b)(ii) B of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 06.12.2009, the petitioner was found in possession of 1.25 kgs of ganja. 4. The petitioner moved an application for bail before the learned Sessions Judge. That Bail Application was dismissed by the order dated 11.12.2009. The investigation has progressed thereafter. 5. The learned Public Prosecutor submitted that the petitioner is involved in the sale of small quantity of ganja to the customers in retail and that if he continues to indulge in such activities, it would be detrimental to the interests of general public. B.A. No.7683 of 2009 2 6. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other offence of similar nature. The learned counsel for the petitioner submits that the petitioner undertakes not to indulge in any offence of similar nature while on bail in the present case. 7. 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 also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Sessions Court, Thiruvananthapuram subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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. B.A. No.7683 of 2009 3 C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) 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 to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln