IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 4489 of 2009 CRIME NO.8 OF 2009 OF EDXCISE ENFORCEMENT AND ANTINARCOTICS SQUAD, KOLLAM. PETITIONER: ACCUSED: ---------------------------- JOSE, AGED 43 YEARS, S/O.THOMAS, LISSY BHAVAN, MANJALLOOR MURI, ATHALA WARD, PATHANAPURAM, PUNALUR. BY ADV. SRI.ALAN PAPALI RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, (CRIME NO.8/2009- CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT AND ANTINARCOTICS SPECIAL SQUAD, KOLLAM), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4489 OF 2009 ------------------------------------------------------ Dated this the 9th day of September, 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 Crime No.8 of 2009 of the Excise Enforcement and Antinarcotics Special Squad, 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 quantity of ganja involved in the case is 7.45 kg. The petitioner was arrested on 8.7.2009 and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in another case of similar nature in C.R.No.3 of 2005 of Pathanapuram Excise Range. It is also submitted by the learned Public Prosecutor that charge was not laid in the case within B.A. NO. 4489 OF 2009 :: 2 :: the time provided under Section 167(2) of the Code of Criminal Procedure. Accordingly, the petitioner is entitled to default bail under Section 167(2) of the Code of Criminal Procedure. 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 fact that the charge was not laid within the time provided under Section 167(2) of the Code of Criminal Procedure, 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 Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court (Special Court for NDPS Act cases), 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, 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; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 4489 OF 2009 :: 3 :: 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 ahz/