IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Bail Appl..No. 2701 of 2010() ----------------------------- CMP.1099/2010 of ADDITIONAL SESSIONS COURT, FAST TRACK-1, TRIVANDRUM CRIME NO.3/10 OF VAMANAPURAM EXCISE RANGE. .................... (S): PETITIONER/ACCUSED -------------------------------------- MOHANAN, S/O.APPUKUTTAN, UDAYAPURA PUTHEN VEEDU, KUTTARA DESOM, NELLANADU VILLAGE, NEDUMANGADU TALUK. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, VAMANAPURAM EXCISE OFFICE, VAMANAPURAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2701 of 2010 ---------------------------------------------- Dated 18th May, 2010. O R D E R Petition for bail. 2. The alleged offence is under Section 20(b)(ii)(B) of the N.D.P.S. Act. According to prosecution, petitioner, along with second accused was found in possession of 1.75 Kg. of Ganja on 2.4.2010 at 7 p.m. Petitioner was arrested from the spot and the second accused escaped. 3. Learned counsel for the petitioner submitted that petitioner is in custody from 2.4.2010 onwards. This petition is opposed. Learned Public Prosecutor submitted that second accused could not be arrested so far and taking into consideration the quantity of Ganja involved in this case, it may not be fit to grant bail to the petitioner. 4. On hearing both sides, I am satisfied that the investigation is at the initial stage. I am also not satisfied that there is no chance for repeating the offence, if petitioner is BA NO.2701/10 2 released on bail. Hence, this petition is dismissed. K.HEMA, JUDGE. tgs