IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 2884 of 2009 CRIME NO.288 OF 2009 OF KOYILANDY POLICE STATION PETITIONER/ACCUSED -------------------------------------- KOYATTY, S/O. UMMERKUTTY, AARIKUNNU COLONY, PANTALAYANI, KOYILANDY. BY ADV. SRI.DILIP MOHAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 2. STATION HOUSE OFFICER, KOYILANDY POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2884 OF 2009 ------------------------------------------------------ Dated this the 16th June, 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.288 of 2009 of Koyilandy Police Station. 2. The offence alleged against the petitioner is under Section 20(b) (II) (B) of the NDPS Act. 3. The prosecution case is that on 7.5.2009, the accused was found in possession of 1.100 kgms of Ganja. He was arrested on 7.5.2009 itself and he is in judicial custody. Learned Public Prosecutor submitted that the petitioner is involved in three other cases, out of which, in two cases the petitioner was convicted for offence under the NDPS Act and in one case the petitioner is facing trial. In the two cases where the petitioner was convicted and sentenced, appeals are pending and the sentence stands suspended. 4. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The investigation is in progress. B.A. NO. 2884 OF 2009 :: 2 :: If the petitioner is released on bail at this stage, it would seriously affect the proper investigation of the case. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/