IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Bail Appl..No. 7574 of 2008() ----------------------------- CRIME NO.4/2005 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, ERNAKULAM. PETITIONER/3RD ACCUSED:- ------------------------------ BIJU, S/O.FRANCIS AGED 38 YEARS, PANACKAL HOUSE THAMMANAM, POONITHURA VILLAGE. BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY SRI.IEANS.C.CHAMAKKALA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD, ERNAKULAM THROUGH THE PUBLC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. STATE, REPRESENTED BY THE EXCISE INSPECTOR, MATTACHERRY RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7574 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December,2008 O R D E R Petition for bail. 2. The alleged offence is under section 20(b)(ii)(B) of the the Narcotic Drugs and Psychotropic Substances Act, 1985. According to prosecution, petitioner (A3) along with two others were travelling in an autorickshaw. Accused 1 and 2 who are the passengers in the autorickshaw were arrested from the spot. 1.2 kg. and 50 grams of ganja were seized from 1st and 2nd accused respectively. Petitioner abandoned ganja weighing 250 grams. 3. The incident occurred on 4-2-2005 and petitioner surrendered before the Sessions Court on 1-12-2008. Learned counsel for petitioner submitted that co-accused were granted bail. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 4. Hence, petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- BA 7574/08 -2- 1) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.