IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 3552 of 2009 CRIME NO.252 OF 2009 OF PONNANI POLICE STATION PETITIONER: ACCUSED: -------------------- SASI, AGED 46 YEARS, S/O.KUNHUNNI, PRARATH HOUSE, PAMBAN ROAD, VELIYAMKODE, MALAPPURAM DISTRICT. BY ADV. SRI.C.V.MANUVILSAN SRI.HARISH SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT: STATE: --------------- STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, PONNANI, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3552 OF 2009 ------------------------------------------------------ Dated this the 24th 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.252 of 2009 of Ponnani Police Station. 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 7.6.2009, the petitioner was found in possession of 1.175 kilograms of ganja. He was arrested on the same day and he was remanded to judicial custody on 8.6.2009. The application for bail submitted by the petitioner before the Sessions Court was dismissed by the order dated 15.6.2009. The investigation has progressed thereafter. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 3552 OF 2009 :: 2 :: the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. 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 (Special Court for NDPS Cases), Vatakara, 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 ahz/