IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7539 of 2009() ----------------------------- CMP.779/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.885/2009 OF VATAKARA POLICE STATION, KOZHIKODE .................... PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. VARGHESE THOMAS, S/O. THOMAS, KUDUMBAKKAL HOUSE, THANKAMANI POST, IDUKKI DISTRICT. 2. ROSLI, W/O. VARGHESE THOMAS, KUDUMBAKKAL HOUSE, THANKAMANI POST, IDUKKI DISTRICT. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT/COMPLAINANT: ---------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7539 of 2009 ------------------------------------ Dated this the 21st day of December, 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.885/2009 of Vatakara Police Station. 2. The offence alleged against the petitioners is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 15/11/2009, the first accused was found in possession of 5 Kgs of ganja and the second accused was found in possession of 3 Kgs of ganja. The second accused is the wife of the first accused. They were seen near the K.S.R.T.C Bus Depot at Vatakara. The accused persons belong to Idukki District. 4. Taking into account the facts and circumstances of the case, the allegations levelled against the accused persons and the quantity of ganja involved, I am not inclined to grant bail to the first accused. However, only on the ground that the second accused is a woman, I am inclined to grant bail to her on stringent conditions. 5. The second petitioner/second accused shall be B.A. No.7539 /2009 2 released on bail on her executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Special Court for NDPS Cases, Vadakara subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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. Accordingly, the Bail Application is dismissed in so far as it relates to the 1st Petitioner (accused No.1) and it is allowed, in the manner indicated above, in so far as it relates to the 2nd Petitioner(accused No.2). K.T. SANKARAN, JUDGE scm