IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5097 of 2009() ---------------------------------------- SC.221/2009 of ADDITIONALSESSIONS COURT (ADHOC-I), ERNAKULAM .................... PETITIONER/ACCUSED NOS.1 & 3 ----------------------------------------------- 1. DILEEP ROY, S/O.SHODANAND ROY, (R/O) UTHARBOYRTHIGUDY GRAMAM, WARD-II, JOLPAGUDY DISTRICT, WEST BENGAL. 2. JAYADUR, AGED 33 YEARS, S/O.ALIKHADER, REHAL GANDI-GRAMAM, NODIYA DISTRICT, WEST BENGAL STATE. BY ADV. MR.MANSOOR.B.H. RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION BY PUBLIC PROSECUTOR MR.TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 5097 of 2009 ------------------------------------ Dated this the 10th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 3 in S. C. No. 221/2009 of the Additional Sessions Judge (Adhoc-I), Ernakulam in Crime No. 531/2009 of Palarivattom Police Station. 2. The offence alleged against the petitioners is under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 13.04.2009, the first accused was found in possession of 1220 grams of ganja and second petitioner was found in possession of 1990 grams of ganja. They were arrested on 13.04.2009 itself and they are in judicial custody. 4. Bail Application No. 3853/2009 was filed by accused Nos. 1 and 2. Bail was granted as per the order dated 23.07.2009 to the second accused while the prayer for bail of B.A. No. 5097 of 2009 2 the first accused was rejected. 5. Learned Public Prosecutor submitted that charge was laid in the case. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties having immovable properties in the State of Kerala, for the like amount to the satisfaction of the Additional Sessions Judge (Adhoc-i) Ernakulam, subject to the following conditions:- A) The petitioners shall report before the Circle Inspector of Police Ernakulam Town North Police Station on every Mondays between 9 A.M. and 12 Noon until further orders. B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 5097 of 2009 3 D) 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 ln