IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 5814 of 2009 CRIME NO.2 OF 2009 OF THIRUVANANTHAPURAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SUBHADRA, AGED 53 YEARS.D/O.A.SAIMMU,VATTAVILA VEEDU, MUTTAKAD DESAM,KALLIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.VARGHESE SRI.K.S.ARUN KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5814 OF 2009 ------------------------------------------------------ Dated this the 15th day of October, 2009 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 Crime No.2 of 2009 of Thiruvananthapuram Excise Range. 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 9.9.2009, a quantity of 2.5 kilograms of ganja was seized from the house of the petitioner. The petitioner was arrested on 9.9.2009 itself and she was remanded to judicial custody. 4. Learned counsel for the petitioner submitted that the petitioner is not involved in any other case of a similar nature. The petitioner is a widow and she has several ailments including diabetes, blood pressure and heart diseases. 5. Taking into account the facts and circumstances of the B.A. NO. 5814 OF 2009 :: 2 :: case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also taking note of the fact that the petitioner is a widow, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Principal Sessions Court, Thiruvananthapuram, 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 one month and thereafter on alternate 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; 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/