IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 4876 of 2009() ------------------------------------------------ CRMP.582/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.365/2009 OF NILAMBUR POLICE STATION, MALAPPURAM .................... PETITIONER/2ND ACCUSED: ------------------------------------------ ASKAR, S/O.ASHRAF, AGED 31 YEARS, KANJIRALA HOUSE, POOKKOTTUMPADAM, NILAMBUR TALUK. BY ADV. SRI.P.SAMSUDIN RESPONDENT/ COMPLAINANT: ------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NILAMBUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4876 of 2009 ------------------------------------ Dated this the 17th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.365/2009 of Nilambur Police Station. 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 6/8/2009, the accused persons, three in number, were together found in front of a shop and a total quantity of 3.138 Kgs of ganja was seized from them. The first accused was found in possession of 1.596 Kgs of ganja. The second accused and third accused were found in possession of 690 gms and 852 gms of ganja respectively. The petitioner was arrested on 6/8/2009 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No.4876/ 2009 2 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 each for the like amount to the satisfaction of the Sessions Court (Spl. Court for NDPS Cases), Vadakara 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. 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 scm