IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6994 of 2009() -------------------------------------- NDPS CRIME NO.3/2009 OF CHATHANNOOR EXCISE RANGE, KOLLAM. PETITIONER/ACCUSED -------------------------------------- SATHYAN S/O. VELU, AGED 72 YEARS USHA MANDIRAM, MEENAD.P.O., KOLLAM. BY ADV. SRI.PRATHEESH.P SRI. K.SIJU RESPONDENT/STATE: ----------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, CHATHANNOOR EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6994 of 2009 ------------------------------------ Dated this the 30th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in N.D.P.S. Crime No.3/2009 of Chathannoor Excise Range, Kollam. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 18/8/2009, a quantity of 10.050 Kgs of ganja was seized from the Pan Shop belonging to the petitioner. The petitioner was arrested on 18/8/2009 and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in three other cases of similar nature. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. 6. The quantity of ganja involved in the case is not of commercial quantity. Therefore, the bar under Section 37(b)(ii) B.A. No. 6994/ 2009 2 of the Act will not apply. 7. It is submitted by the learned counsel for the petitioner that the petitioner is aged 72 years. The investigation was not completed and the charge sheet was not filed within the time provided under Section 167(2) of the Code of Criminal Procedure. Therefore, the petitioner is entitled to get default bail. 8. 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 also the undertaking, I am of the view that bail can be granted to the petitioner. 9. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Sessions Court, Kollam 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, 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. 6994/ 2009 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) 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 scm