IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1668 of 2010() ----------------------------- CR NO.4/2010 OF CHATHANNOOR EXCISE RANGE PETITIONER(S): ACCUSED: ---------------------------- RAJENDRAN, AGED 56 YEARS, S/O.JANARDHANAN, CHELLAM SADANAM, PUTHUSSERYKULAM, KOTTAMKARA, PEROOR, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI SRI.A.V.MIDHUN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1668 of 2010 --------------------------------------------- Dated this the 22nd day of March, 2010 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 CR No.4 of 2010 of Chathannoor Excise Range, Kollam District. 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 4.2.2010, the petitioner was found in possession of 1.105 kgms. of ganja. The petitioner was arrested on 4.2.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in two cases in 2004 and 2008 involving small quantity of ganja. 5. Since the quantity of ganja involved is not commercial quantity, the bar under Section 37(1)(b)(ii) of the Act will not apply. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.1668/2010 2 petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties 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; 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 csl