IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6211 of 2011() ------------------------- CRIME NO.671/2010 OF SULTHAN BATHERY POLICE STATION PETITIONER : 2ND ACCUSED ------------------------------- SHOUKATH, AGED 30 YEARS, S/O.KUTTIAMU, ALUNKAL HOUSE, ODAPPALLAM KAVALA, MOOLAMKAVU, SULTHAN BATHERI. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA (REPRESENTED BY THE SUB INSPECTOR OF POLICE, SULTHAN BATHERY POLICE STATION-CRIME NO.671/2010 OF SULTHAN BATHERY POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6211 of 2011 ---------------------------------------------- Dated this the 09th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.2 in Crime No.671 of 2010 of Sulthan Bathery Police Station. 2. The offences alleged against the petitioner are under Sections 20(b)(ii)(A), 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act and Section 380 of the Indian Penal Code. 3. On 29/07/2010, the Sub Inspector of Police, Sulthan Bathery, on getting information that ganja was stored in the driving school belonging to Joji Eldo, he searched the driving school and found out 950 gms. of ganja in a bag. On questioning Joji Eldo, he stated that a few hours before a person had come to the driving school and he requested for permission to keep his bag for a few hours. The investigating officer verified the facts and found that the information was given to the police by the second accused over phone. The Bail Appln.No.6211/2011 : 2 : second accused was on inimical terms with Joji Eldo since the wife of Joji Eldo had initiated a criminal case against accused No.2. Accused No.2 wanted to settle the case, for which Joji Eldo and his wife were not prepared. With a vengeance, at the instance of the second accused, ganja was deliberately placed in the driving school to make it appear that Joji Eldo was involved in a Narcotic case. 4. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj