IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Bail Appl..No. 6337 of 2008() ----------------------------- CRIME NO.5/08 OF KUNNAMKULAM EXCISE RANGE PETITIONER ------------------------------ ABOOBACKER, AHAMMAD KUTTY MUSLIAR, POKKAKKILLATH HOUSE, KANDANASSERY VILLAGE, CHOWALLUR DESOM, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6337 of 2008 ----------------------------------------- Dated this the 17th October, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. According to prosecution, petitioner, along with his son, were found transporting 2 Kg of Ganja in a vehicle. Petitioner was driving the car and the son was sitting in the car. The incident happened on 30.8.2008 and the petitioner was arrested on the same day. 3. Learned counsel for petitioner submitted that the first accused was already granted bail. Petitioner is in custody for the past 48 days. Petitioner's mother is critically ill because of renal failure and hence, he may be granted bail. It is also submitted that petitioner's mother is hospitalised in Kunnamkulam and the petitioner is residing within the limits of Chavakkad Police Station. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, especially since first accused is BA.6337/08 2 granted bail and taking into consideration petitioner's mother's physical stage, but stringent condition may be imposed. Hence, bail is granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the Kunnamkulam Excise Inspector on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not enter the limits of the police station within which the crime is registered and also the limits of the Chavakkad Police Station, except with the previous permission of the Magistrate Court concerned. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.