IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Bail Appl..No. 2589 of 2011() ----------------------------- CRIME NO.5/2010 OF KOTHAMANGALAM EXCISE RANGE PETITIONER/2ND ACCUSED ------------------------- ANIL, AGED 35 YEARS, S/O.LATE T.N.SUKUMARAN, RESIDENT OF A.K.SADANAM, ANIL BHAVAN, MURINJAKKAL P.O., ARUVAPPALAM VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.P.KRISHNAN NAIR RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY S.H.O., KOTHAMANGALAM EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2589 of 2011 ------------------------------------------------ Dated this the 5th day of April, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.2 in Crime No.5 of 2010 of Kothamangalam Excise Range for offences punishable under Sections 21(c) & 29 of the N.D.P.S. Act for allegedly having been found in possession of 2 Kgs. of brown sugar, seeks bail. 2. The learned Public Prosecutor opposed the application. 3. I am not satisfied that both the grounds enumerated under Section 37(1)(b)(ii) of the N.D.P.S. Act are present in this case so as to justify release of the petitioner. This Application is, accordingly, dismissed. Dated this the 5th day of April, 2011. V.RAMKUMAR, JUDGE. skj