IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9591 of 2011 CRIME NO.679 OF 2011 OF MANJESWAR POLICE STATION, KASARGOD DIST. PETITIONR/ACCUSED NO.1 ------------------------------------------ S.IRFAN ALIAS DAVOOD ALI, AGED 20 YERS S/O. UMBAI ALIAS IBRAHIM, BILAL MANZIL, PATHWADY MULINJA VILLAGE, POST UPPALA, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH SMT.HEMALATHA RESPONDENT: STATE -------------------- STATE OF KERALA, REP.BY STATION HOUSE OFFICER, MANJESWARAM, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9591 OF 2011 ------------------------------------------------------ Dated this the 29th day of November, 2011 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.1 in Crime No.679 of 2011 of Manjeswar Police Station, Kasargod District. 2. The offence alleged against the accused is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 29.9.2011, the accused were found in possession of 6.6 Kgs. of ganja. The petitioner was arrested on 29.9.2011 and he was remanded to judicial custody. 4. The quantity of ganja involved is not a commercial quantity. Therefore, the bar under Section 37 does not apply. It is submitted that the petitioner is not involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the BAIL APPL. NO.9591 OF 2011 :: 2 :: 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court having jurisdiction. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the Court; b) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on all Mondays, till the final report is filed or until further orders; c) The petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.9591 OF 2011 :: 3 :: f) 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 ahz/