IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 4916 of 2011() ----------------------------- CRMP.1597/2011 of D.C. & SESSIONS COURT,KOLLAM Crime No.16 of 2011 of the Chathannoor Excise Range. .................... PETITIONERS/ACCUSED NOS.1 AND 2 ----------------------------------- 1. NIZAR,S/O.MUHAMMED KUNJU,SHIBI NIVAS, THAZHUTHALA CHERRY,AADICHANALLOOR VILLAGE, KOLLAM DISTRICT. 2. VISWANATHAN,S/O.NARAYANAN, CHIRAVILA PUTHENVEEDU,THAZHUTHALA CHERRY, AADICHANALLOOR VILLAGE,KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE EXCISE INSPECTOR OF CHATHANOOR EXCISE RANGE,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.4916 of 2011 ----------------------------------------------------- Dated this the 04th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.16 of 2011 of the Chathannoor Excise Range. 2. The offence alleged against the petitioners are under Section 20(b)(ii)(B) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 31/05/2011 the excise party found the accused persons indulged in the sale of ganja near the stair case of a public library. They were arrested on the spot and they were remanded to judicial custody. 4. The learned Public Prosecutor seriously opposed the bail application in so far as it relates to the first petitioner. He submitted that the first accused was involved in several cases and in five of the cases he was convicted and sentenced to imprisonment. The details of the cases in which the first Bail Appln.No.4916/2011 : 2 : accused was an accused are shown below:- Sl.No. Police Station Crime Number Sec. Of Law Disposal 1 Paravoor 191/86 48(e) of KP act Convicted 2 Kottiyam 106/88 457, 380 I.P.C. Convicted RI for 6 months for each Sec. 3 “ 228/90 '' '' 4 '' 168/90 '' '' 5 '' 168/97 457, 380, 461 I.P.C. Convicted RI for 1 year for each Sec. 6 '' 210/97 '' Convicted RI for 10 months 7 '' 461/03 20(b)(ii)A of NDPS Act -- 8 '' 197/04 366A, 376 I.P.C & Sec.5 of ITP act -- 9 '' 450/04 143, 147, 148, 427, 379 R/w149 IPC and 27 of Arms Act -- 10 Excise Chathannoor 3/05 20(b)(ii) B of NDPS Act -- 5. In view of the criminal antecedents of the first petitioner/first accused, I do not think it is proper to grant bail to him at this stage. The prayer for bail by the first petitioner (first accused) is accordingly rejected. 6. As far as the second accused is concerned, there is no allegation that he was involved in any other crime. The quantity of the ganja involved in the present case is Bail Appln.No.4916/2011 : 3 : intermediate quantity. Therefore the bar under Clause (b) of Sub Section (1) of Section 37 of the N.D.P.S. Act would not apply. Taking into account the facts and circumstances of the case, I am inclined to grant bail to the second accused. 7. The second petitioner/second accused shall be released on bail on his executing bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Kollam subject to the following conditions:- A) The second petitioner/second accused 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/second accused shall appear before the investigating officer for interrogation as and when required; C) The second petitioner/second accused shall not try to influence the prosecution witnesses or tamper with the evidence. D) The second petitioner/second accused shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.4916/2011 : 4 : 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 in part as above. K.T.SANKARAN, JUDGE skj