IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 2836 of 2009 CRIME NO.310 OF 2009 OF THE PERINTHALMANNA POLICE STATION CRMP.293/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA PETITONER/ACCUSED: -------------------------------------- M.RAJU, S/O.MUKAITHEVAR, AGED 42 YEARS, DOOR NO.109/02, OLAVA THEVAR THERU UTHAMAPURAM, KAMBAM, MAMATTOM TALUK, THENI DISTRICT, TAMIL NADU. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2836 OF 2009 B ------------------------------------------------------ Dated this the 29th May, 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.310 of 2009 of the Perinthalmanna 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 27.4.2009, the petitioner was found in possession of two kilograms of ganja in front of Thavakkara School at Angadipuram. He is in judicial custody since 28.4.2009. The application for bail is seriously opposed by the learned Public Prosecutor. It is submitted that the investigation of the case is in progress and if the accused is released on bail at this stage, it would seriously affect the proper investigation of the case. It is also pointed out that the accused belongs to Tamil Nadu and this is an added circumstance to believe that if he is released on bail, he will make himself scarce. 4. There are no reasonable grounds to believe that the accused is B.A. NO. 2836 OF 2009 B :: 2 :: innocent of the alleged offence and that he will not commit similar offence, if he is released on bail. The investigation is in progress. I am of the view that if the accused is released on bail at this stage, it would adversely affect the proper investigation of the case. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/