IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Bail Appl..No. 897 of 2011() -------------------------------- (CRIME NO.5/2011 OF EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD, PALAKKAD) ....... PETITIONER/ACCUSED ---------------------------- ROSY, W/O.LATE GEORGE AGED 75 YEARS, OLIPARAMBIL HOUSE RAJEEV NAGAR, TANAVU, OLAVAKKODE, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S):COMPLAINANT -------------------------------------- STATE OF KERALA, REP BY C.I.OF POLICE EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD, PALAKKAD, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - B. A. No. 897 of 2011 - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011. O R D E R In this Petition filed under Section 439 Cr.P.C., the petitioner, who is the sole accused in CR No.5 of 2010 of Excise Enforcement & Anti Narcotic Special Squad, Palakkad for an offence punishable under Section 20(b) ii (B) of NDPS Act, seeks her enlargement on bail. The petitioner was arrested on 23.11.2010. 2. The learned Public Prosecutor opposed the application. 3. Even though the narcotic substance is 4.900 grams of ganja, having regard to the quantity it is only intermediate quantity, which does not attract the rigour of Section 37 of the NDPS Act, and moreover the petitioner is an old woman. I am therefore inclined to grant bail to the petitioner. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released B.A. No. 897/2011 : 2: on bail w.e.f 14.02.2011 on her executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make herself available for interrogation as and when required by the police at any time till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. rv