IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2563 of 2009() ----------------------------- CRMP.215/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.167/09 OF KOYILANDY POLICE STATION PETITIONER -------------------- SAJEEVAN S/O. NARAYANAN, PEEZHATHINAL (H), MAMATTIKKANAM P.O., RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DIST. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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 Psychotropic Substances Act, 1985. 3. The petitioner was arrested on 19.3.2009. Final report is 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 in case where the punishment extends up to 10 years, clause (ii) BA.2563/09 2 of 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. 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 (NDPS Act cases), Vatakara, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 AM and 11 AM 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.2563/09 3 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 vgs.