IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Bail Appl..No. 4309 of 2009() -------------------------------------------- CRIME NO.300/2009 OF KASARAGOD POLICE STATION. PETITIONER/ACCUSED: -------------------------------------- HARIS.A., AGED 32 YEARS, S/O.ANDUMAN, R/AT KADAVATH HOUSE, THALANGARA, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS /COMPLAINANT & STATE ---------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.300 OF 2009 OF KASARAGOD POLICE STATION), KASARAGOD DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4309 of 2009 ------------------------------------ Dated this the 5th 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 accused in Crime No.300/2009 of Kasaragod Police Station. 2. The offence alleged against the petitioner is under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act. 3. The allegation is that the petitioner was found in possession of 2 Kgs of ganja in a bus waiting shed at Talangara in Kasaragod. On the basis of the allegations, the offence could be only under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. The petitioner was arrested on 22/04/2009 and since then he is in judicial custody. 4. The investigation has considerably progressed and it is at the final stage, submitted the learned Public Prosecutor. The learned Public Prosecutor also brought to my notice that the petitioner was convicted for an offence under Section 27 of the B.A. No. 4309 /2009 Page numbers NDPS Act and he was sentenced to pay fine. 5. 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 and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Sessions Court (Special Court for NDPS Act Cases), Kasaragod 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 B.A. No. 4309 /2009 Page numbers 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 scm