IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3561 of 2009() ----------------------------------------- (CRIME NO.1412/09 OF ALUVA POLICE STATION,ERNAKULAM) PETITIONER/ACCUSED: -------------------------------------- IBRAHIM, AGED 71 YEARS, S/O.MOOSSA, NEAR MADHAVAPURAM COLONY, PURAMBOKE AREA, PATTERIPPURAM, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH S.I OF POLICE, ALUVA POLICE STATION. BY PUBLIC PROSECUTOR MR. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 3561 of 2009 ------------------------------------ Dated this the 3rd day of July, 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 Crime No.1412/2009 of Aluva Police Station, Ernakulam. 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 the petitioner was found in possession of 1Kg. 75 grams of Ganja. He was arrested on 26/05/2009. Bail Application No.3076/2009 filed by the petitioner was dismissed by this Court as per order dated 18/06/2009. The learned Public Prosecutor submitted that investigation of the case has progressed much and it is at the final stage. The learned counsel for the petitioner pointed out that the petitioner is aged 70 years. 4. 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 bail can be granted to the B.A. No. 3561/ 2009 Page numbers petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Sessions Court (Special Court NDPS), Ernakulam 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. 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 scm