IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 3853 of 2009 SC.221/2009 of ADDITIONAL DISTRICT COURT (ADHOC-I), ERNAKULAM CRIME NO.531 OF 2009 OF PALARIVATTOM POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2: -------------------------------------- 1. DILEEP ROY,S/O. SHODANAND ROY(R/O) UTHRBOYRTHIGUDY GRAMAM, WARD - II,JOLPAGUDY DISTRICT, WEST BENGAL. 2. HARIPADA ROY (R/O.) -DO- -DO- BY ADV. SRI.MANSOOR.B.H. RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING CIRCLE INSPECTOR OF POLICE ERNAKULAM TOWN NORTH POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3853 OF 2009 ------------------------------------------------------ Dated this the 23rd July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in S.C.No.221 of 2009 of the Additional Sessions Judge (Adhoc I), Ernakulam in Crime No.531 of 2009 of the Palarivattom Police Station. 2. The offence alleged against the petitioners is under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. A quantity of 1220 grams of ganja was seized from the first accused, while a quantity of 750 grams of ganja was seized from the second accused. There is one more accused in the case. The date of occurrence was on 13.4.2009. The petitioners were arrested on the same date and they are in judicial custody. 4. The Bail Application filed by the petitioners was dismissed by the Additional Sessions Judge as per the order dated 2.7.2009. B.A. NO. 3853 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, I am of the view that bail can be granted to the second petitioner (second accused). However, I am not inclined to grant bail to the first accused at this stage. Accused Nos.1 and 2 belong to West Bengal. Learned Public Prosecutor submitted that even if the second accused is released on bail, stringent conditions may be imposed. 6. The second 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 Additional Sessions Judge (Adhoc – I) Ernakulam. The sureties shall be persons having immovable property in the State of Kerala. The grant of bail to the second petitioner is also subject to the following conditions: a) The second 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 second petitioner shall appear before the investigating officer for interrogation as and when required; c) The second petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The second 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. B.A. NO. 3853 OF 2009 :: 3 :: The Bail Application is dismissed in so far as it relates to the first petitioner and is allowed in the manner indicated above in favour of the second petitioner. (K.T.SANKARAN) Judge ahz/