IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5230 of 2009() ------------------------------------ CRMP.622/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.741/2009 OF TIRUR POLICE STATION, MALAPPURAM. .................... PETITIONER/ACCUSED: -------------------------------------- KUNHIMUHAMMED @ KUNHIMON, S/O. ASSAINAR, KOORATTINTE PURAKKAL, PANDAYI PADINJARAKKARA. BY ADV. SRI.SUNNY MATHEW RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5230 of 2009 ------------------------------------ Dated this the 30th 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 Crime No.741/2009 of Tirur Police Station, Malappuram. 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 26/8/2009, the petitioner was found in possession of 1.100 Kg of ganja. He was arrested on the same date. The petitioner is in judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of a similar nature. The learned counsel also submits that the petitioner undertakes that he will not commit any offence of a similar nature, if bail is granted to him in this case. 5. Taking into account the facts and circumstances of the case and also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner on stringent B.A. No. 5230/2009 2 conditions. 6. 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 court of the Spl. Judge (N.D.P.S. Act cases) Vadakara 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, Wednesdays and Fridays, 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