IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5716 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4992/2009 Dated 15/09/2009 CRIME NO.3/2009 OF KARUNAGAPALLY EXCISE RANGE, KOLLAM .................... PETITIONERS/ACCUSED NO.1-4: --------------------------------------------- 1. SIBI, AGED 30 YEARS, S/O.SASI, THEKKEKUZHIKKATTU VEEDU, VIII MILE MURI UDUMPANCHOLA TALUK, IDUKKI DISTRICT. 2. BINOY GEORGE, AGED 34 YEARS, S/O.GEORGE, VALUMMEL VEEDU, CHAKKUPALLAM MURI, ANAKKARA VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. 3. SIBI JOSEPH, AGED 32 YEARS, S/O.JOSEPH, THUNGUMTHOTTATHIL VEEDU, PONNAMALA MURI, KALKOONTHAL VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. 4. SASI, AGED 47 YEARS, S/O.NARAYANAN, MUNDAPPALLIL VEEDU, RAJAKKADU VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.K.VARGHESE SRI.K.S.ARUN KUMAR RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5716 of 2009 ------------------------------------ Dated this the 7th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No.3/2009 of Karunagapally Excise Range. 2. The offences alleged against the petitioners are under Sections 21(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 27/4/2009, a quantity of 2 Kgs of Hashish Oil was seized from a Maruti car at Uchakkada Junction. Accused Nos.1 to 4 were found in the car and they were arrested. 4. The petitioners moved Bail Application Nos.4992 and 4993 of 2009, which was dismissed by me by the order dated 15/09/2009. 5. The learned Public Prosecutor vehemently opposed the Bail Application. He submitted that if the petitioners are released on bail, it would seriously affect the proper investigation of the case. Section 37(1)(b) provides that where the offence involves commercial B.A. No. 5716 / 2009 2 quantity and where the Prosecutor opposes the application, bail can be granted only if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such an offence and that he is not likely to commit any offence while on bail. In the facts and circumstances of the case, it cannot be said that there are reasonable grounds for believing that the petitioners are not guilty of the offences. It is also not possible to say that the petitioners are not likely to commit any offence while on bail. I do not think it is proper to release the petitioners on bail at this stage, particularly when the investigation is not complete. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm