IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Bail Appl..No. 2223 of 2010() --------------------------------------- CRMP.233/2010 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.258/2010 OF TIRURANGADI POLICE STATION. .................... PETITIONERS/ACCUSED NOS. 1 AND 2 ---------------------------------------------------- 1. SIDHIQUE,S/O.MUHAMMED,AGED 45 YEARS, THAREMMAL,MAILADY,ARAVANKARA,POOKOTTOOR. 2. SHAJI,S/O.KUNHIMUHAMMED,AGED 35 YEARS, CHERUPARAMBIL,MAILADY,ARAVANKARA,POOKOTTOOR. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,TIRURANGADI POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2223 of 2010 ------------------------------------ Dated this the 19th day of May, 2010 O R D E R This petition is for bail. 2. According to the prosecution, petitioners (A1 and A2) were found transporting 3.450 kilograms of Ganja in an autoricksaw. Petitioners were arrested on 27.03.2010. 3. Learned counsel for the petitioners submitted that petitioners are in custody for the past 54 days and that they are totally innocent of the allegations made. Physical disability of 70% is sufferred by first accused. He is being implicated in cases of this nature repeatedly. 4. This petition is opposed in so far as the first accused is concerned. Learned Public Prosecutor submitted that the first accused is involved in two more cases of similar nature and hence it is likely that repeat the offence, if he is released on bail. As far as the second respondent is concerned, taking into consideration, the period of detention of 54 days, he has no objection in granting bail, but condition may be imposed, it is submitted. 5. On hearing both sides, I am satisfied that it may not be B.A. No. 2223 of 2010 2 proper to grant bail to the first accused, since there is nothing to indicate that he will not repeat the offence. In the above circumstances, following order is passed: 1. Request for bail by the first accused is rejected. 2. Second accused shall be released on bail on his executing a bond for Rs. 50,000/- 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 and Thursday between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not enter the limits of the police station within which the crime is registered except with the previous permission of the learned Magistrate. Iii) In case, the petitioner is involved in any similar offence while on bail, bail is liable to be cancelled. This petition is partly allowed. K. HEMA, JUDGE ln