IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 4813 of 2009() -------------------------------------- CRIME NO.1296/2009 OF ERNAKULAM TOWN NORTH POLICE STATION. .................... PETITIONER/6TH ACCUSED ------------------------------------------ SHISHORE, S/O.AYYAPPAN, AGED 30 YEARS, URUVATH HOUSE, ASHTAMICHIRA, THRISSUR. BY ADV. SRI.P.A.MUJEEB RESPONDENT/ COMPLAINANT: ------------------------------------------------ THE C.I. OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4813 of 2009 ------------------------------------ Dated this the 15th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sixth accused in Crime No. 1296/2009 of Ernakulam Town North Police Station. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 13/7/2009, a car bearing registration No. KL-13/L.4061 was intercepted by the police at Kaloor, Ernakulam. On search of the vehicle, a quantity of 28 Kgs of ganja was seized. Accused Nos.1 to 6 including a lady were travelling in the vehicle. The petitioner and other accused were arrested on 13/7/2009. All of them were remanded to judicial custody. 4. The petitioner moved an application for bail before the learned Sessions Judge. That Application was dismissed. Again another application was filed before the learned Sessions Judge as Crl. M.C No.1449/2009. That application was also dismissed by a detailed order dated 12/8/2009. B.A. No.4813/2009 2 5. The application for bail is opposed by the learned Public Prosecutor. Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act provides that where the Public Prosecutor opposes the application for bail, the court can grant bail only if the court is satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offence alleged and that he is not likely to commit any offence while on bail. In the facts and circumstances of the case, I am not inclined to tell that the petitioner is not guilty of the offence. It is not also possible to hold that the petitioner is not likely to commit any offence while on bail. It is true that the investigation of the case is over and charge was laid on 30/7/2009. All the other accused persons are said to be in judicial custody even now. 6. In the facts and circumstances of the case, I do not think it proper to release the petitioner on bail in the light of the bar under Section 37 of the N.D.P.S. Act. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm