IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Bail Appl..No. 3658 of 2009() ---------------------------------------- CRMP.1232/2009 of I ADDL. DISTRICT COURT, KOLLAM CRIME NO. 3/2009 OF KARUNAGAPALLY EXCISE RANGE .................... PETITIONER/IST ACCUSED: ----------------------------------------- SIBI, AGED 30 YEARS, S/O. SASI, THEKKEKUZHIKKATTU VEEDU, VIII MILE MURI, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADVS. SRI.P.K.VARGHESE RI.K.S.ARUN KUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3658 of 2009 ------------------------------------ Dated this the 30th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.3/2009 of Karunagapally Excise Range. 2. The offences alleged against the petitioner are under Sections 21(c) and 29 (1) Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 27.04.2009, a quantity of 2 kgs of Hashish Oil was seized from a Maruti Car at Uchakkada junction. Accused Nos. 1 to 4 were found in the car and they were arrested and they are in judicial custody. 4. The application for bail submitted by the petitioner was dismissed by the learned Sessions Judge as per order dated 13th May , 2009. 5. The investigation is not complete. The quantity of Hashish Oil involved in the case is a commercial quantity. The application is vehementally opposed by the learned Public Prosecutor. B.A.No. 3658 of 2009 2 4. In the facts and circumstances of the case, I do not think that the petitioner is entitled to be released on bail at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln