IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6693 of 2009 CRIME NO.6 OF 2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOTTAYAM DISTRICT. PETITIONERS: ACCUSED 1 AND 2: 1. RAMKUMAR, AGED 38 YEARS, S/O. VASUDEVAN, KAZHANIKKUNNATHU HOUSE, THENOOR KARA, CHALAKKARA, THRISSUR. 2. GANJAI AMARAN, S/O. G. KRISHNAMOORTHI, HOUSE NO. 81/A, NEELAMPERUR, CHOOLOOR, COIMBATORE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT: COMPLAINANT; --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,. ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6693 OF 2009 ------------------------------------------------------ Dated this the 30th day of November, 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 and 2 in Crime No.6 of 2009 of Excise Enforcement and Anti Narcotic Special Squad, Kottayam. 2. The offences alleged against the petitioners are under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. A quantity of 1 Kg of Brown Sugar is involved in the case, which is a commercial quantity. It is submitted by the learned Public Prosecutor that after recording the confession statement of the first accused, another quantity of 2.700 grams of Brown Sugar was also seized from the tool box of a motor bike kept in the premises of the first accused. B.A. NO. 6693 OF 2009 :: 2 :: 4. The Bail Application is seriously opposed by the learned Public Prosecutor. It is submitted that the investigation is not over and that another person, namely, Venkitesh, is suspected to be involved in the case. 5. Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act provides that where the Public Prosecutor opposes the Bail Application, bail can be granted only if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence alleged and that he is not likely to commit any offence while on bail. From the materials on record, I am not satisfied that there are reasonable grounds for believing that the petitioners are not guilty of the offence. Also, I am not satisfied that the petitioners are not likely to commit any offence while on bail. In these circumstances, the only course open to me is to dismiss the Bail application. Accordingly the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/