IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8650 of 2011() ----------------------------- CRMP.1880/2011 of D.C & SESSIONS COURT,TRIVANDRUM Crime No.3 of 2011 of Excise Enforcement & Anti-Narcotic Special Squad, Thiruvananthapuram. .................... PETITIONER/ACCUSED -------------------------------------- SELVARAJ @ MANIKANTAN,AGED 37 YEARS, S/O.RAJAMANI,VETTUVILA VEEDU,MANIKANTA VILASOM, MULLUVILA DESOM,PARASSALA VILLAGE,NEYYATTINKARA. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8650 OF 2011 --------------------------------- Dated this the 2nd day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.3 of 2011 of Excise Enforcement & Anti-Narcotic Special Squad, Thiruvananthapuram. 2.The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Pshycotropic Substances Act. 3.The prosecution case is that on 5.9.2011, the petitioner was found in possession of 1.390 Kgs. of ganja. The petitioner was arrested on 5.9.2011 and he was remanded to judicial custody. B.A.No. 8650 OF 2011 2 4. The quantity of ganja involved is not a commercial quantity. Therefore, the rigour of Section 37 of the Act does not apply to the petitioner. 5.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. 6.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, 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 for a period of two months and thereafter 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; B.A.No. 8650 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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 cms