IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5783 of 2008() ----------------------------- CRMP.162/2008 IN CRIME NO.3/2008 OF CHANGANASSERY EXCISE RANGE .................... PETITIONER : 2ND ACCUSED ---------------------------- DIVANJI.P.M @ MUKIL, S/O. MURALI, PARASSERIL HOUSE, PARAL KARA, VAZHAPPALLY VILLAGE, CHANGANASSERY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT: COMPLAINANT ------------------------ THE EXCISE INSPECTOR, CHANGANASSERY EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, ALONG WITH B.A.NO.5782/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5782 of 2008 & B.A.No.5783 of 2008 ------------------------------------------------- Dated this the 19th day of September, 2008 O R D E R These petitions are for bail. 2. Petitioner in B.A.No.5782/08 is the first accused and petitioner in B.A.No.5783/08 is the second accused in the crime. Petitioners are father and son. They were allegedly found in possession of 4.252 kg. of ganja from their house. 200 gms. of ganja was seized from the body of the first accused also. A crime was registered under Section 20(b)(ii)B of NDPS Act. The incident occurred on 29.7.2008. 3. Petitioners were arrested on 29.7.2008 and they are in custody since then. Learned public prosecutor submitted that considering the stage of investigation, he has no objection in granting bail to the petitioners on stringent conditions. Hence, bail is granted to the petitioners on the following terms and conditions: (i) Petitioners shall execute bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA No.5783/08 2 (ii) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not leave the limits of the police station within which the crime is registered except with prior permission of the learned Magistrate. (iv) Petitioners shall not tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petitions are allowed. K.HEMA, JUDGE csl