IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Bail Appl..No. 4906 of 2009() ----------------------------- OR NO.53/2009 OF THIRUVANANTHAPURAM EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- KUMAR, S/O.KESAVA KURUP, FLAT NO.248, RAJAJI NAGAR, THYCAUD VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4906 OF 2009 ------------------------------------------------------ Dated this the 14th 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 accused in O.R.No.53 of 2009 of Thiruvananthapuram Excise Range. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 4.8.2009, the petitioner was found in possession of 1200 grams of ganja. He was arrested on 4.8.2009 itself and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in another case of similar nature and also in an abkari case. Learned counsel for the petitioner submitted that if bail is granted to the petitioner, he undertakes not to involve in any prejudicial activity or to commit any offence of similar nature. 5. Taking into account the facts and circumstances of the B.A. NO.4906 OF 2009 :: 2 :: 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 bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Thiruvananthapuram, 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 and Thursdays, 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; 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) 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 ahz/