IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Bail Appl..No. 1617 of 2011() ----------------------------- (CRIME NO.5/2010 OF KOTHAMANGALAM EXCISE RANGE, ERNAKULAM). ----- PETITIONER/5TH ACCUSED ------------------------------------------ SUDHAKARAN, AGED 31 YEARS, S/O.KULATHAIVELLU, POONGANAGAR, RAJAGOPALAPURAM P.O., PUTHUKOTTAI DISTRICT, TAMIL NADU. BY ADV. SRI.I.J.AUGUSTINE RESPONDENT/COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF EXCISE KOTHAMANGALAM, ERNAKULAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. -------------------------------- Bail Application No. 1617 of 2011 -------------------------------- Dated this the 4th day of March, 2011. O R D E R In this Petition filed under Sec. Cr.P.C. the petitioner who is the 5th accused in Crime No.5 of 2010 of Kothamangalam Excise Range for an offence punishable under sec. 21(c) of the N.D.P.S. Act, 1985 for allegedly having been found in possession of two 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 sec.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. V.RAMKUMAR, JUDGE. rv