IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 371 of 2009(B) ---------------------------------- CRIME NO.694/2008 OF VARKALA POLICE STATION PETITIONER/2ND ACCUSED : ----------------------------------- JOSHY, WATCHERMUKKU, JANARCHANAPURAM, VARKALA, VARKALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.371 OF 2009 -------------------------------- Dated this the 29th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 21(a) of N.D.P.S. Act. According to prosecution, petitioner (second accused) along with first accused were found in possession of a total quantity of 826 gms. of Hashish and they were arrested from the spot, on 15.11.2008. 3. Learned Public Prosecutor submitted that charge sheet has not been filed and petitioner is in custody for the past 75 days and hence, he is entitled for bail by default. However, it is submitted that stringent conditions may be imposed while granting bail. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the B.A.No.371 of 2009 2 Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of the police station within which crime is registered except with the prior permission of the learned Magistrate. (iii) Petitioner shall not influence or intimidate any witness or 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 pac