IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Bail Appl..No. 3597 of 2010() ------------------------------------------ CRMP.1536/2010 of D.C & SESSIONS COURT,TRIVANDRUM CRIME NO.2/2010 OF KILIMANOOR EXCISE RANGE, THIRUVANANTHAPURAM. .................... PETITIONER (S): ACCUSED NO.2 -------------------------------- OMANAKUTTAN, S/O. SANDANDAN, SREE SHYLAM, CHARIPARAMBU, ETTIVA VILLAGE, KOTTARAKKARA. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRI.V.P.PRASANTH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KILIMANOOR EXCISE RANGE, THIRUVANANTHAPURAM, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3597 of 2010 ------------------------------------ Dated this the 23rd day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act. According to prosecution, petitioner (A2) along with first accused was found transporting ganja and both the accused were arrested from the spot on 15.05.2010 at about 9.30 P.M. 1.150 kg ganja was seized from the possession of the petitioner. 3. Learned counsel for petitioner submitted that the ganja was seized from the possession of first accused, who was a pillion rider and petitioner was only riding the motor bike. Petitioner is in custody for the past 39 days. 4. This petition is not opposed. Learned Public Prosecutor submitted that the quantity involved is intermediate quantity. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence the following order is passed: B.A. No. 3597 of 2010 2 Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln The word “Magistrate Court” occurring in paragraph 5 (page 2) of the order dated 23/06/2010 in B.A. 3597/2010 is corrected as “Sessions Court” as per order dated 07/07/2010 in B.A. 3597/2010. sd/- Registrar (Judicial)