IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2378 of 2010() ----------------------------- CRIME No.40/2010 of PANDIKKAD POLICE STATION, MALAPPURAM DISTRICT CMP.207/2010 of SPL. COURT (NDPS ACT CASES), VADAKARA .................... PETITIONERS/ACCUSED 1 & 2 (IN CUSTODY) ---------------------------------------------------------- 1. AKBAR SHAN,AGED 26 YEARS,S/O.ABDU(LATE), COOLIE,NEDUMBA HOUSE,CHEMBRASSERI,PANDIKKAD, MALAPPURAM(DISTRICT)(PANDIKKAD POLICE STATION LIMIT). 2. ABDUL RAHIMAN,S/O.SYED ALIVI,AGD 18 YRS, STUDENT,THAYYIL HOUSE,PANDIKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.T.A.SHAIN SRI.K.R.SHYNE RESPONDENTS: COUNTER PETITIONER NO.1 -------------------------------------- 1. SUB INSPECTOR OF POLICE,PANDIKKAD POLICE STATION,MALAPPURAM. 2. STATE OF KERALA,REP;BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. ----------------------------------- B.A. No.2378 of 2010 ------------------------------------ Dated this the 23rd day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure by the accused Nos.1 and 2 in Crime No.40/2010 of Pandikkad Police Station, Malappuram District. 2. The offence alleged against the petitioners are under Sections 20(b)(ii)(B) of NDPS Act. The allegation against the petitioners is that on 24th February, 2010 at about 4 p.m. Ganja weighting 3.50 Kg in two plastic packets were found in the bushes by the side of road at Karuthedathpady in Pandikkad Amsom in Malappuram district and that on investigation it was found that petitioners placed the said cover containing Ganja in the nearly bushes and that witnesses have stated that first accused has handed over cover containing Ganja to second accused. The first petitioner was arrested on 12/3/2010 and the second petitioner was arrested on 13/3/2010. They are in remand thereafter. Bail Applications filed by the petitioners before the Special Judge, NDPS, Vadakara were dismissed. B.A.No.2378/2010 2 3. It is alleged in the petition that petitioners are innocent of the offences alleged against them, that they are falsely implicated this case and that they if released on bail they shall abide by any conditions that may be imposed by this Court. 4. Notice given to Public Prosecutor. The Public Prosecutor opposed the Bail Application. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioners. The petitioners are not arrested on the spot. Only on the basis of the statement given by the witnesses they were made accused in this case. The learned Public Prosecutor submits that the investigation is almost over. They are in remand from 12/3/2010 and 13/3/2010 onwards. Therefore, I feel that this is a fit case in which bail can be granted to the petitioners on conditions. 7. In the result, the Bail Application is allowed. The petitioners shall be released on bail on their B.A.No.2378/2010 3 executing a bond for Rs.25,000/- each with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioners shall report before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 11 a.m. till the final report is filed. 2) The petitioners shall not commit similar offence while on bail. 3) The petitioners shall co-operate with the investigation. 4) In case of breach of any of the conditions mentioned above, the lower court can cancel his bail. P.Q.BARKATH ALI, JUDGE skj