IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Bail Appl..No. 5235 of 2008() ----------------------------- CRIME NO. 766/2008 OF MATTANCHERRY POLICE STATION PETITIONERS/ACCUSED NO.2 & 3 --------------------------------------------- 1. BABULAL, AGED 33 YEARS, S/O.LAL, ARUCHIRAYIL HOUSE, ARUCHIRAYIL HOUSE, SANTHIPURAM COLONY, THAMMANAM. 2. SHIBU, AGED 28 YEARS, S/O.DEVASSY, PALLIPPARAMBU, SANTHIPURAM COLONY, THAMMANAM. BY ADV. SRI.P.V.ANILKUMAR RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, MATTANCHERRY POLICE STATION, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5235 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August,2008 O R D E R Application for bail. 2. The alleged offence is under section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985. Petitioners are accused 2 and 3 in the crime. According to prosecution, police party got information that certain persons were standing by the side of the road with ganja and they saw petitioners and went to them while they ran away from the spot. But 1st accused was arrested immediately. 1.450 kilograms of ganja was seized from the possession of the 1st accused. Petitioners were also arrested on the same day and they were found in possession of 200 grams of ganja each. A crime was registered under section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act against all the three. 3. Learned counsel for the petitioners submitted that it is not correct to say that petitioners were implicated only on the basis of a confession statement made by the 1st accused. Even if prosecution case is accepted, they were found in possession of BA 5235/08 -2- only 200 grams of ganja and they were arrested on 15-7-2008 and they are in custody for the past more than one month. 4. Learned Public Prosecutor submitted that it is not correct to say that petitioners were implicated only on the basis of confession statement made by the 1st accused. They were found in possession of ganja. Any way, considering the stage of investigation, he has no objection in granting bail on stringent conditions. 5. Hence, bail is granted to petitioners on the following terms and conditions:- 1) Petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate 2) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 3) Petitioners shall not intimidate or influence any witness or tamper with any evidence BA 5235/08 -3- or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.