IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4390 of 2009() ------------------------------------ CRIME NO.1460/2009 OF PERUMBAVOOR POLICE STATION. .................... PETITIONER/ACCUSED: --------------------------------------- ELDOSE @ KANNAN AGED 22 YEARS, S/O.THOMAS KOSSERY HOUSE, CHITHIRAPUZHA BHAGAM, ANACHAL KARA, KUNJITHANI VILLAGE, IDUKKI DISTRICT BY ADV. SRI.LIFFY P. FRANCIS RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, THROUGH S.I.OF POLICE, PERUMBAVOOR POLICE STATION. SRI. P. RAVEENDRA BABU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A. No.4390 of 2009 ---------------------------- Dated this the 17th day of August, 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 second accused in Crime No.1460 of 2009 of Perumbavoor Police Station. 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 16/06/2009, a quantity of 2.025 Kgs of ganja was seized from the possession of the petitioner. Accused Nos.1 and 2 were arrested. From the possession of accused No.1 , 6.6 Kgs of ganja was seized. Later, a search in the house of the first accused was made and a quantity of 3.720 Kgs of ganja was seized. The petitioner was arrested on 16/06/2009 and he is in judicial custody since then. Application for bail moved by the petitioner was dismissed by the learned Sessions Judge as per the order dated 17/07/2009. 4. In the facts and circumstances of the case, I am not inclined to grant bail under Section 439 of the Code of Criminal B.A. No.4390/2009 2 Procedure. The learned counsel for the petitioner submitted that the charge was not laid in the case and the petitioner is entitled to the grant of default bail under Section 167(2) of the Code of Criminal Procedure. Leaving open the right of the petitioner to move the appropriate court praying for the release of the petitioner under Section 167(2) of the Code of Criminal Procedure, this Bail Application is dismissed. K.T. SANKARAN, JUDGE scm