IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 608 of 2010() -------------------------------- CRIME NO. 507/2009 OF VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONERS/A1 & A2 : ---------------------------- 1. SASIDHARAN, S/O NANU, AGED 57, DEEPU BHAVAN, PLAVODE, PEDIKULAM, PULIMATH MURI, PULIMATHU VILLAGE. 2. HEERA, AGED 52, D/O.RENUKA, DEEPU BHAVAN, PLAVODE OF -DO- -DO-. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT: --------------- THE CIRCLE INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 608 of 2010 ------------------------------------ Dated this the 2nd day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.507/2009 of Venjaramoodu Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioners is under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 25.08.2009, while the accused persons were travelling in an autorickshaw, it was intercepted by the police. On search, a quantity of 3.060 kgs of ganja was seized from the possession of accused No.1 and a quantity of 5.046 kgs of ganja was seized from the possession of accused No.2. Later, a search was conducted in the house of the accused persons and a total quantity of 32.308 kgs of ganja was seized. 4. The petitioners were arrested on 25.08.2009 and they were remanded to judicial custody. B.A. No. 608/2010 2 5. Accused No.3, the autorickshaw driver was also arrested and he was granted bail. 6. Accused No.2 is the wife of accused No.1. She belongs to Karnataka. It is alleged that ganja was being regularly brought by the accused persons from Karnataka and large quantities of ganja were being sold in different parts of Thiruvananthapuram. It is also submitted by the learned Public Prosecutor that the petitioners are involved in abkari offence. 7. The learned counsel for the petitioners submitted that though they were arrested on 25.08.2009, no charge sheet was filed within 180 days as provided in Sub Section 4 of Section 36 A of the N.D.P.S. Act. It is also submitted that no application was filed by the investigating officer for extension of time under the proviso to Section 36 A (4) of the N.D.P.S. Act. In these circumstances, it is submitted that the petitioners are entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor submitted that no charge sheet was filed within 180 days and that no application was filed for extension of time. In these circumstances, I am of the view that the petitioners are entitled to be released on bail. B.A. No. 608/2010 3 8. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Additional Sessions Judge-I, Thiruvananthapuram subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall surrender their passports before the Court of the Additional Sessions Judge-I, Thiruvananthapuram within one week from the date of release on bail. If any of the petitioners does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Sessions Judge within one week. D) The petitioners shall not leave the limits of Thiruvananthapuram District without giving prior intimation to the investigating officer, until further orders. E) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 608/2010 4 F) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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 ln