IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Bail Appl..No. 4469 of 2008(C) ----------------------------------------- CMP.2638/2008 of J.M.F.C.,KATTAKADA CRIME NO.89/08 OF NEYYAR DAM POLICE STATION .................... PETITIONERS/ACCUSED : ----------------------------------- 1. SHAMNAD, S/O. MAHEENKANNU, ATTARIKATHU VEEDU, PUTHENTHOPPU CHIRAKKAL MENAMKULAM DESOM, KATINAMKULAM VILLAGE. 2. NAZER @ MAJNU, S/O. SAINULABDEEN, RESIDING AT NALAMKALLU, LEKSHAMVEEDU, PARANDODE, CHITTAVEEDU MURIYIL, THOLIKODE VILLAGE, TRICHUR. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4469 of 2008 --------------------------------------- Dated this the 21st day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 20(b)(2)(B) of NDSPS Act. According to the prosecution, on 15.5.2008 at about 5.30 p.m., the accused were found in possession of 2.935 kg. of ganja. 3. The petitioners are A1 and A2 in the crime. A1 was arrested on 16.5.2008 and A2 was arrested on 19.5.2008. The charge sheet has not been filed so far. Hence, they are entitled for bail under Section proviso to Section 167(2) Crl.P.C. Hence, this petition is not opposed. Petitioners are granted bail on the following terms and conditions. (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. Ba No.4469/08 2 (ii) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl