IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl..No. 2447 of 2009() ----------------------------- CRMP.218/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.1/09 OF KANNUR POLICE STATION, WHICH IS NOW PENDING BEOFRE THE EXCISE ENFORCEMENT AND ANTINARCOTICS CELL, KANNUR. PETITIONER/2ND ACCUSED ------------------------------------------ P.BIJU, S/O.GOPI,CHOVVAPRATH HOUSE, KUTTIYATTOOR.PO,KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): STATE -------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2447 of 2009 ----------------------------------------- Dated this the 8th May, 2009 O R D E R This is a petition for regular bail filed under Section 439 of the Code of Criminal Procedure. 2. Petitioner is the second accused in Crime No.1/09 of Kannur Police Station, registered alleging commission of offence punishable under Section 20(b)(II)(B) of NDPS Act. The allegation is that the petitioner and other accused were found in possession of 2.5 kg of ganja at Thoonoli Bank Road in Kannur Municipality. 3. The petitioner was arrested on 28.3.2009 and since then he has been in judicial custody. Learned counsel for petitioner contends that admittedly the quantity of the ganja is 2.5 kg in one packet and the said packet was found in possession of three persons and therefore, considering the fact that it would be a small quantity as regards the petitioner is concerned, the petitioner may be granted bail. It is also specifically contended that the petitioner has no criminal BA.2447/09 2 antecedents. An application filed by him for bail was earlier dismissed by this Court on 21.4.2009. 4. I have heard learned counsel for petitioner as also the learned Public Prosecutor. 5. The petitioner was arrested on 28.3.2009 and he has been in judicial custody since then. Though the total quantity of ganja is 2.5 kg, admittedly it was found in possession of three persons, including that of the petitioner. There is no criminal antecedents as regards the petitioner-second accused is concerned and considering the fact that he has been in judicial custody since 28.3.2009, I think the petitioner can be enlarged on bail on stringent conditions. Accordingly, this application is allowed on the following terms and conditions: i) Petitioner shall be enlarged on bail on his executing a bond for Rs.75,000/- with two solvent sureties each for the like sum to the satisfaction of the Special Judge (NDPS Act cases), Vatakara. BA.2447/09 3 ii) Petitioner shall report before the investigating officer in respect of the above crime twice in a week, i.e., on all Mondays and Saturdays between 10 am and 1 pm, till the final report is filed. iii) Petitioner shall not involve in any offence during this period. Application is allowed. C.T.RAVIKUMAR, JUDGE vgs.