IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH JUNE 2007 / 22ND JYAISHTA 1929 Bail Appl..No. 3280 of 2007() ----------------------------- CRLMP.285/2007 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.152/07 OF NADAKKAVU POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- S.K.THULASIDAS, S/O.KRISHNA PILLAI, SANKARAMANGALAM HOUSE, KUDUVADU AMSOM DESOM, PUZHAKKATTERY, MALAPPURAM. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 3280 OF 2007 D ```````````````````````````````````````````````````` Dated this the 12th day of June, 2007 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the accused in Crime No.152/2007 of Nadakkavu Police Station for an offence punishable under Sec.21 of the Narcotic Drugs and Psychotropic Substances Act for allegedly having been found in possession of 21.600 gms of heroin(intermediate quantity) on 9.5.2007 and who was arrested on the same day, seeks his enlargement on bail. 2. Eventhough the learned Public Prosecutor opposed the application, having regard to the fact that Section 37 of the Act is not attracted and the further fact that the medical certificate forwarded from the Government General Hospital, Kozhikode shows that the petitioner is an Insulin Dependent Diabetic with Neuropathy and Amyotrophy requiring life long insulin therapy without interruption, along with good supportive care, I am inclined to grant bail to the petitioner but with effect from a future date and subject to conditions. Accordingly, the petitioner is directed to be released on bail with effect from 18.6.2007 on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Special Judge(NDPS Act Cases), Vadakara and subject to the BA.3280/07 : 2 : following conditions: 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. (V. RAMKUMAR, JUDGE) aks