IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5341 of 2009() ----------------------------------- CRMP.1164/2009 of DISTRICT COURT, PATHANAMTHITTA N.D.P.S CRIME NO.1/2009 OF THIRUVALLA EXCISE RANGE, PATHANAMTHITTA .................... PETITIONERS/ACCUSED NO.1 TO 4: ------------------------------------------------- 1. SELVAKUMAR, AGED 27 YEARS, S/O.INDRANI, DOOR NO.49, THIRUPPUVANICHALAI, THIRUPPUVANI, PONDICHERRY, TAMIL NADU. 2. KARTHIKEYAN, AGED 28 YEARS, S/O.KARUPPANNA, DOOR.NO.4/57, KUMARAMANGALAM, THIRUCHAMKODE, NAMAKKAL DISTRICT, TAMIL NADU. 3. SREENIVASAN, AGED 32 YEARS, S/O.MURUKESAN, DOOR NO.3/32, PASOOR, VALLOTAMPARAPPU P.O., MELNILAITHOTTAI VEETHI, ERODE, TAMIL NADU. 4. MOHAN, AGED 25 YEARS, S/O.GANESAN, DOOR NO.4/94, LLAYAMPALAM, SATHYANAICKAMPALYAM, THIRUCHAMKODE, NAMAKKAL DISTRICT, TAMIL NADU. BY ADV. SRI.V.SETHUNATH RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. THE EXCISE INSPECTOR, THIRUVALLA EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5341 of 2009 ------------------------------------ Dated this the 23rd day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in N.D.P.S Crime No.1 of Thiruvalla Excise Range. 2. The offences alleged against the petitioners are under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 4/7/2009, the petitioners attempted to sell a quantity of 1.01 Kgs of Diazepam, a Psychotropic Substance. The petitioners were arrested on 4/7/2009 and they were remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that two other persons are also involved in the case. They are now shown as accused Nos.5 and 6. Accused Nos.5 and 6 are yet to be arrested. 5. The Bail Application is vehemently opposed by the learned Public Public Prosecutor. Section 37 of the N.D.P.S.Act B.A. No. 5341/2009 2 provides that where the Public Prosecutor opposes the Bail Application, bail can be granted to the accused only if the court is satisfied that there are reasonable grounds for believing that the accused persons are not guilty of the offence alleged and that they are not likely to commit any offence while on bail. 6. In the facts and circumstances of the case, I am not satisfied that there are reasonable grounds for believing that the petitioners are not guilty of the offence alleged. It is also not possible to say that the petitioners are not likely to commit any offence while on bail. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm