IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4236 of 2010() ------------------------------------------ (CRIME NO.5/2010 OF KUNNAMKULAM EXCISE RANGE OFFICE, THRISSUR) PETITIONER(S): ACCUSED: ------------------------------------------- SHAMEER, AGED 22 YEARS, S/O.SHAMSUDHEEN, NEDUMPULLYCHALIL, EDAPPALLY. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- STATE OF KERALA (REPRESENTED BY THE EXCISE RANGE OFFICER, KUNNAMKULAM EXCISE RANGE OFFICE-CR.5 OF 2010 OF KUNNAMKULAM EXCISE RANGE OFFICE), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No.4236 of 2010 ------------------------------------ Dated this the 22nd day of July, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 20(b) ii B of Narcotic Drugs and Psychotropic Substances Act, 1985. According to prosecution, the excise officials got information that some people were trafficking in ganja and on reaching the spot, on 20.05.2010 at about 7 P.M., petitioner (A4) along with three others were found in possession of ganja. A total quantity of 10 kgs of ganja were seized. From the possession of petitioner 2 kgs of ganja were seized. 3. Petitioner is in custody for the past 63 days with effect from 20.05.2010. Charge sheet is not laid so far. Hence, he is entitled for bail on default. Learned counsel for petitioner submitted that petitioner was only a driver of the vehicle in which other accused travelled. The vehicle was hired by other accused from Ernakulam. The address of the different accused show that petitioner is alone from Ernakulam. When they reached Thrissur, petitioner was asked to go to Palakkad but he refused to go. Hence, another car was called by the said persons and when the said car came, they shifted the articles from petitioner's car to other car. At this stage, the police party came and arrested the accused. Since five accused were present in the vehicle, two kgs each of ganja B.A. No.4236 / 2010 2 were attributed to the possession of each of the accused. Petitioner is not involved in any other crime, it is submitted. 4. This petition is not opposed. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Sunday between 10 A.M. and 1 P.M. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. ii) In case, petitioner is involved in any similar offence, his bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln B.A. No.4236 / 2010 3