IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9676 of 2011 C.R.NO.7 OF 2011 OF EXCISE RANGE, THIRUVANANTHAPURAM. PETITIONER: ACCUSED: ------------------------------ SANTHA,AGED 47 YEARS, D/O.MARTHA,ASWATHY BHAVAN, VAZHAYILA DESOM,PEROORKADA VILLAGE, THIRUVANANTHAPURAM BY ADV. SMT.R.BINDU SRI.K.PRIYAKUMAR RESPONDENTS: STATE & COUNTER PETITIONER: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. THE EXCISE INSPECTOR, THIRUVANANTHAPURAM PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.9676 OF 2011 ------------------------------------------------------ Dated this the 1st day of December, 2011 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 C.R.No.7 of 2011 of the Excise Range, Thiruvananthapuram. 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 4.10.2011, the petitioner was found transporting 2 Kgs. of ganja. The petitioner was arrested on 4.10.2011 and she was remanded to judicial custody. 4. The investigation is going on. Learned counsel for the petitioner submitted that the petitioner is aged 47 years and she has to look after her daughter and son. BAIL APPL. NO.9676 OF 2011 :: 2 :: 5. The quantity of ganja involved is intermediate quantity. Therefore, bar under Section 37 will not apply. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on her executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, 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 and Thursdays for a period of three months and thereafter, 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; BAIL APPL. NO.9676 OF 2011 :: 3 :: 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/