IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 3041 of 2010(E) ----------------------------------------- (CR.NO.431/2010 OF VADAKARA POLICE STATION, KOZHIKODE DT.) ............. PETITIONERS/ACCUSED 1 AND 2: ------------------------------------------------- 1. AJI,S/O.BALAKRISHNAN,KARIKULATHIL HOUSE, MUKKUDAM P.O, MUTHIRAPPUZHA, KUNNATHADI VILLAGE, IDUKKI. 2. SOMAN,S/O.NARAYANAN,ATHIPALLY, ERAMALLOOR P.O,KOTHAMANGALAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM). RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------ B.A. No. 3041 of 2010 ------------------------------------ Dated this the 25th day of May, 2010 O R D E R This petition is for bail. 2. The alleged offence is under Section 20(b) II(C) of the N.D.P.S. Act. According to prosecution, accused Nos. 1 to 4 were found in possession of 20.5 kgs of ganja. First accused was having in his personal possession 8 kgs of ganja and second accused was found in possession of 5 kgs of ganja. Petitioners were arrested from the spot on 09.04.2010 and they are in custody. 3. Learned Public Prosecutor submitted that first accused is involved in another similar crime and he is strongly opposing his application. So far as second accused is concerned he has no objection in granting bail but condition may be imposed. 4. On hearing both sides, I am satisfied that the request for bail by first accused is to be rejected since it is likely that he will repeat the offence. But, bail can be granted to second petitioner on conditions. Hence following order is passed: B.A. No. 3041 of 2010 2 1. Prayer for bail by the first accused is rejected. 2. Second accused (second petitioner) shall be released on bail on his executing a bond for Rs. 50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Second petitioner(second accused) shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Second petitioner(second accused) shall not influence or intimidate any witnesses or tamper with the evidence. iii) In case, second petitioner(second accused) is involved in any similar offence, bail is liable to be cancelled. This petition is partly allowed. K. HEMA, JUDGE B.A. No. 3041 of 2010 3 ln