IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Bail Appl..No. 2634 of 2009(F) ------------------------------------------ (CRIME NO. 885/2008 OF KANNUR TOWN POLICE STATION) ........... PETITIONER/ACCUSED: ----------------------------------- CHORAN SURESH S/O.KRISHNAN, AGED 27 YEARS CHORAN HOUSE, KEEZHOOR, IRITTY, KANNUR DISTRICT. BY ADV. MR.P.M.PAREETH. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY S.H.O KANNUR TOWN POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. K. MEERA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/05/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S.GOPINATHAN, J. ====================================== B.A.No. 2634 of 2009 ====================================== Dated this the 19th day of May 2009 ORDER The petitioner is the second accused in Sessions Case No.7 of 2009 of Special Judge, Vadakara. The offence alleged is under Section 20(b) (II)(B) of the NDPS Act. He surrendered before the Special Court on 3.3.2009. Ever since he is in judicial custody. His application for bail was dismissed by order dated 8.4.2009 for the reason that the first accused was granted bail on conditions, but he did not comply with the conditions. The failure of the first accused to comply with the conditions in granting bail shall not be a reason to reject bail to the second accused. Since bail was granted to the first accused, there is no reason to reject the same to the second accused. 3. In the result, this petition is allowed and it is ordered that the petitioner shall be released on bail on executing a bond for Rs.30,000/- (Rupees Thirty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Special Judge (NDPS Act Cases), Vadakara on condition that the petitioner shall appear before the trial court on every posting date. P.S.GOPINATHAN, JUDGE css/