IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 8771 of 2011 CRIME NO.2 OF 2011 OF KUNNAMKULAM EXCISE RANGE. PETITIONER/1ST ACCUSED: ------------------------------------------- MOHAMMED SARFAS, S/O.AYUB, 98/H/B, LINTON STREET, KOLKATHA, WEST BENGAL-700 014. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.P.MOHANDAS (ERNAKULAM) SRI.M.R.JAYAPRASAD SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENTS: COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KUNNAMKULAM, THRISSUR DISTRICT-680 503. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8771 OF 2011 ------------------------------------------------------ Dated this the 31st day of October, 2011 O R D E R The petitioner filed B.A.No.5650 of 2011, which was allowed as per the order dated 20.7.2011. The said order reads as follows: “This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.2 of 2011 of Kunnamkulam Excise Range. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on getting information that accused No.1 was about to hand over ganja to accused No.2, the Excise party waited. Accused No.1 came in an auto rickshaw and handed over the ganja to accused No.2. Both the accused were arrested. A quantity of 2.1 Kgs. of ganja was seized. 4. The quantity of ganja involved is not commercial quantity but intermediate quantity. BAIL APPL. NO.8771 OF 2011 :: 2 :: Therefore the bar under Section 37(1)(b) of the Act does not apply. 5. The learned Public Prosecutor submitted that the petitioner belongs to West Bengal and if he is released on bail, he is likely to make himself scarce, in which case it would not be possible to get his presence at the time of trial. 6. 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, the present stage of investigation and also the submission made by the learned Public Prosecutor, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties belonging to the State of Kerala for the like amount, who shall produce the solvency certificate, to the satisfaction of the Sessions Judge, Thrissur, 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; BAIL APPL. NO.8771 OF 2011 :: 3 :: 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. 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.” 2. It is stated that the petitioner could not get sureties belonging to the State of Kerala and to produce solvency certificates. In these circumstances, the petitioner could not come out of the judicial custody. The petitioner moved an application for bail before the Sessions Court. That application was dismissed by the order dated 29.9.2011, taking the view that since High Court granted bail on certain conditions, only the High Court can modify those conditions or to grant bail with modified conditions. BAIL APPL. NO.8771 OF 2011 :: 4 :: 3. The petitioner is in judicial custody since 12.6.2011. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to deposit the amount covered by the surety bonds to be executed, i.e., `1,50,000/-. 4. In the peculiar facts and circumstances of the case, I am inclined to grant bail to the petitioner on stringent conditions. The petitioner shall be released on bail on his depositing a sum of Rupees One lakh and fifty thousand before the Sessions Court, Thrissur. He shall also comply with 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 for a period of two months and thereafter, 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; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.8771 OF 2011 :: 5 :: 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/