IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Bail Appl..No. 781 of 2011() ------------------------------------- CR. NO.4/2010 OF KOTHAMANGALAM EXCISE RANGE, ERNAKULAM DISTRICT. .............. APPELLANTS/ACCUSED -------------------------------------- 1. SHAJI, AGED 42 YEARS, S/O.KUMARAN, CHALIVEETTIL, THANKAMANI KARA, UDUMBANCHOLA, IDUKKI. 2. RAJESH, AGED 28 YEARS, S/O.KUTTAPPAN, NIRAPPEL HOUSE, THANKAMANI KARA, UDUMBANCHOLA, IDUKKI. 3. KUTTAPPAN, AGED 61 YEARS, S/O.KRISHNAN, NIRAPPEL HOUSE, THANKAMANI KARA, UDUMBANCHOLA, IDUKKI. 4. BYNU, AGED 32 YEARS, S/O.THOMAS, KALLAMAKKAL HOUSE, THANKAMANI KARA, UDUMBANCHOLA, IDUKKI. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE BY ADVS. SRI.M.RAVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE C.I. OF EXCISE, KOTHAMANGALAM EXCISE RANGE. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ---------------------------------------------------- Bail Application No.781 of 2011 ----------------------------------------------------- Dated this the 8th day of February, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.1 to 4 in CR No.04 of 2010 of Kothamangalam Excise Range for offences punishable under Sections 20(b)(ii)(c), 25, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly having been found in possession of 2 Kgs. of hashish oil, seek bail. 2. The learned Public Prosecutor opposed the application. 3. I am not satisfied that both the grounds enumerated under Sec.37(1)(b)(ii) of the N.D.P.S. Act are present in this case so as to justify release of the petitioners. This Application is, accordingly, dismissed. V.RAMKUMAR, JUDGE skj