IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Bail Appl..No. 4878 of 2010() ----------------------------- (CRIME NO.2/2010 OF KUTTIPURAM EXCISE RANGE, MALAPPURAM) CRMP.470/2010 of SPL. COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER/ACCUSED ------------------------------ USMAN, S/O.MOHAMMED PALALTHINGAL HOUSE, MUTHUTHALA AMSOM, PERUMUTTIYOOR AMSOM, OTTAPALAM, PALAKKAD. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT:COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.4878 of 2010 ------------------------------------------------ Dated this the 31st day of August, 2010 ORDER The petitioner who is the sole accused in Crime No.2/2010 of Kuttipuram Excise Range for offences punishable under Sections 20(b)II(B) of N.D.P.S. Act, 1985 for having been found in possession of 1.100Kgs of Ganja on 19/7/2010 seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in yet another crime of similar nature of the year 2009. 3. Since going by the quantity this case does not attract Section 37 of the NDPS Act and also since the petitioner has been in custody for the past 43 days, I am inclined to grant bail to the petitioner but with effect from a future date. Accordingly, the petitioner is directed to be released on bail with effect from 13/9/2010 on the petitioner executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like amount to the Bail Appln.No.4878/2010 : 2 : satisfaction of the Special Judge (NDPS Act Cases), Vatakara and subject to the following conditions: 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj