IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Bail Appl..No. 3465 of 2009() ----------------------------- CRIME NO.228/2009 OF KOYILANDY POLICE STATION PETITIONER (S): -------------------- KAREEM, AGED 30 YEARS,. S/O. MOIDU, VARAKKUNNUMMEL HOUSE, KARUVANGADU P.O., KOYILANDY, KOZHIKODE DIST. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER, KOYILANDY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ B.A.No.3465 of 2009 ------------------------------------- Dated this the 29th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.228 of 2009 of Koyilandy Police Station. 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 the petitioner was found in possession of 5.25 kgms. of ganja on 12.4.2009. He was arrested on the same day and he is in judicial custody. 4. Learned public prosecutor submitted that the charge was laid on 9.6.2009 and that the case is pending as Sessions Case No.10/09 on the file of the court of the Special Judge (NDPS Act Cases) Vadakara. It is stated that the petitioner was working abroad and that he has come back to India recently. According to the public prosecutor, there is every chance of the petitioner going abroad and making himself scarce. Learned public prosecutor also submitted that if the petitioner is to be released on bail, stringent conditions may be imposed. BA No.3465/2009 2 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 fact that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. 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 Special Judge (NDPS Act Cases) Vadakara, subject to the following conditions: a) The petitioner shall surrender his passport before the Special Judge (NDPS Act Cases) Vadakara. b) The petitioner shall appear before court on all the posting dates; 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