IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1246 of 2010() ---------------------------------------- CRIME NO.10/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM. PETITIONER/ACCUSED: -------------------------------------- SURENDRAN, S/O. KESAVAN, HARIJAN COLONY-14/50, MURUKKUMPUZHA, MUNDAKKAL DESOM, VEYILOOR VILLAGE THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD RESPONDENT/ STATE: ----------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1246 of 2010 ------------------------------------ Dated this the 11th day of March, 2010 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.10/2009 of Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram. 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 14/12/2009, the petitioner was found in possession of 2 Kgs of ganja. The petitioner was arrested on 14/12/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is in judicial custody for more than 60 days and the charge sheet having not been filed, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 5. The learned Public Prosecutor submitted that the B.A. No.1246 /2010 2 petitioner is involved in another N.D.P.S. case, which is pending as C.C.No.696/2007 on the file of the court of the Judicial Magistrate of the First Class-II, Attingal, wherein the allegation is that the petitioner was found in possession of 300 gms of ganja. The learned Public Prosecutor also submitted that charge sheet has not been filed in the case so far. 6. Since the charge sheet is not filed within 60 days from the date of the remand of the petitioner in judicial custody, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the fact that charge sheet is not filed, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the Sessions Court, Thiruvananthapuram, subject to the following conditions:- B.A. No.1246 /2010 3 A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm