IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 308 of 2009() ---------------------------- CRIME NO.13/08 OF EXCISE ENFORCEMEBNT & ANTI NARCOTIC SPECIAL SQUAD, ERNAKULAM. PETITIONERS ------------------------------ 1. SREEKUMAR, AGED 48 YEARS S/O.RAMAN NAIR, MULLACKAL HOUSE PUSHPAGIRI DESOM, THAKAMANI VILLAGE, UDUMBANCHOLA TALUK. 2. MATHEW KOSHY, AGED 36 YEARS S/O.KOSHY, CHALIYAMIL HOUSE PUSHPAGIRI DESOM, THAKAMANI VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY SRI.IEANS.C.CHAMAKKALA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR, EXCISE ENFORCEMENT & ANTI NARCOTC SPECIAL SQUAD, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 308 of 2009 ----------------------------------------- Dated this the 28th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 20(b)(ii)(B) of the NDPS Act. According to prosecution, first accused was found in possession of 6.275 kg of ganja and second accused was found in possession of 6.005 kg of ganja on 11.12.2008 and they were arrested from the spot. 3. Learned counsel for petitioners submitted that petitioners are not involved in any other case and they are in custody for the past 47 days. 4. Learned Public Prosecutor submitted that stringent condition may be imposed, but he has no objection in granting bail to petitioners. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners. Hence, bail is granted to petitioners on the following terms and conditions: BA.308/09 2 i) Petitioners shall execute a bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Sessions Court concerned. ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioners shall not leave the limits of the police station within which the crime is registered, except with prior permission of the learned Sessions Judge. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.