IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6769 of 2009 CRIME NO.1025 OF 2009 OF MATTANCHERY POLICE STATION PETITIONER/ACCUSED -------------------------------------- UMMER MEERAN, S/O. MEERAN AGED 34 YEARS, ANICHUVATTIL HOUSE IRUMBUPALAM VALLARA.P.O. ADIMALI. BY ADV. SRI.P.T.JOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6769 OF 2009 ------------------------------------------------------ Dated this the 19th day of November, 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.1025 of 2009 of Mattanchery 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 on 17.9.2009, the petitioner was found in possession of 1.5 kg of ganja. The petitioner was arrested on 17.9.2009 and he was remanded to judicial custody. 4. The charge sheet was filed in the case on 31.10.2009. 5. It is submitted that the case is now numbered as S.C.No.454 of 2009, on the file of the Court of the Additional Sessions Judge (Fast Track I) Ernakulam. B.A. NO. 6769 OF 2009 :: 2 :: 6. The Bail Applications submitted by the petitioner were dismissed by the learned Sessions Judge by the orders dated 16.10.2009 and 5.11.2009. In the order dated 16.10.2009, the request for bail was rejected on the ground that the investigation was in progress. However, the request for bail was rejected on 5.11.2009 on the ground that final report was filed and the trial of the case can be expedited. 7. The quantity of ganja involved is not a commercial quantity. Therefore, bar under Section 37(1)(b)(ii) of the NDPS Act will not apply. 8. 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. 9. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to B.A. NO. 6769 OF 2009 :: 3 :: the satisfaction of the Additional Sessions Judge (Fast Track I) Ernakulam, subject to the following conditions: a) The petitioner shall report before the Circle Inspector of Police, Mattanchery between 9 A.M. and 11 A.M. on all Mondays until further orders; b) The petitioner shall not leave Ernakulam District without prior intimation in writing to the Circle Inspector of Police, Mattanchery; 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 ahz/