IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Bail Appl..No. 6085 of 2008() ------------------------------------ CRMP.681/2008 & 682/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.495/2008 OF TIRURANGADI POLICE STATION .................... PETITIONERS/ACCUSED 2 & 3 : -------------------------------------- 1. SHANAVAS, S/O.MOOSA, KELOTH HOUSE, PADIKKAL, MUNNIYOOR AMSOM DESOM, MALAPPURAM DISTRICT. 2. ABDURAHIMAN, S/O.HAMSA KOYA, NALLADATH HOUSE, ULLANAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.I. OF POLICE, TIRURANGADI POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6085 OF 2008 ------------------------------ Dated this the 3rd day of October, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 18(b) of N.D.P.S. Act. According to the prosecution, accused Nos.1 to 3 were arrested while they were found attempting to sell opium. On arrest and search 1.414 Kg. of opium was seized from the possession of the 1st accused, 25 gms of opium was seized from the possession of the 2nd accused and 18 gms of opium was seized from the 3rd accused. They were arrested on 24.08.2008 and they are in custody since then. 3. Learned counsel for the petitioners submitted that the petitioners are accused Nos.2 and 3. The quantity seized from their possession will constitute only small quantity and therefore the offence alleged will only be a bailable offence. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, but conditions may be imposed. Hence, bail is granted to the petitioners on the following B.A.6085 of 2008 2 terms and conditions :- (i) The petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii)The petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac