IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 9199 of 2011() ----------------------------- Crime No.7 of 2011 of Excise Enforcement & Anti Narcotic Special Squad, Kollam District. PETITIONER/ACCUSED -------------------------------------- PRAMOD, AGED 39 YEARS, S/O.CHELLAPPAN, PREETHIVILASAM, THAMARAKUDIMURI, MYLAM VILLAGE, KOTTARAKKARA TALUK KOLLAM DISTRICT. BY ADV. SRI.M.S.BREEZ RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. CIRCLE INSPECTOR, EXCISE ENFORCEMENT & ANTI NARCOTICS SPECIAL SQUAD, KOLLAM DISTRICT. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9199 OF 2011 --------------------------------- Dated this the 10th day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.7 of 2011 of Excise Enforcement & Anti Narcotic Special Squad, Kollam District. 2.The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Pshycotropic Substances Act. 3.The prosecution case is that on 16.8.2011, the petitioner was found in possession of 2.8 Kg of ganja. The petitioner was arrested on 16.8.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that B.A.No. 9199 OF 2011 2 60 days are over from the date of remand and the final report has not been filed yet. The statement that final report is not filed, is not disputed. 5.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 6. Accordingly, the petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Kollam, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A.No. 9199 OF 2011 3 C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms