IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 607 of 2010() ---------------------------- CRIME NO.2/2009 OF KILIMANOOR EXCISE RANGE PETITIONER/ACCUSED: --------------------------------------- ABDUL SHAKKOOR, AGED 65 YEARS, S/O.SHAHUL HAMEED, THOTTATHIL PUTHEN VEEDU, PALLICKAL-CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE : ---------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM (NDPS CRIME NO.2/2009 OF KOLIMANOOR EXCIE RANGE). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.607 of 2010 --------------------------------------------- Dated this the 5th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.2 of 2009 of Kilimanoor Excise Range, Thiruvananthapuram 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 9.12.2009, the petitioner was found transporting a quantity of 16 kgms. of ganja. The petitioner was arrested on 9.12.2009 and he was remanded to judicial custody. 4. The petitioner moved Bail application No.172 of 2010 which was dismissed as per the order dated 18.1.2010. Since the quantity of ganja involved is less than 20 kgms., the bar under Section 37(1)(b)(ii) of the Act will not apply. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar BA No.607/2010 2 nature while on bail in the present case. The petitioner is also prepared to comply with any condition that may be imposed by the court while granting bail. The learned counsel for the petitioner also submitted that the petitioner is aged 65 years and that he has to look after his foster daughter, who is studying in the sixth standard. 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 undertaking made by the petitioner, 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.50,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Thiruvananthapuram, 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; BA No.607/2010 3 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