IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6346 of 2009() ------------------------------------- C.R.NO. 7/2009 OF TIRUR EXCISE RANGE ....................... PETITONER/ACCUSED: ---------------------------------- SHINOY, S/O.BABY, AGED 26 YEARS, EDAPPATTE HOUSE, THINGAL KADU DESOM, KONNATHADI VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, TIRUR EXCISE RANGE, MALAPPURAM DISTRICT, 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 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6346 of 2009 ------------------------------------ Dated this the 16th day of November, 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 C.R. No.7/2009 of Tirur 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 04.10.2009, the petitioner was found in possession of five kgs of ganja. He was arrested on the spot. The petitioner was produced before Court and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 5. The quantity of ganja involved in the case is of intermediate quantity and not commercial quantity. The bar under Section 37(i)(b)(ii) will not apply since the quantity involved is not commercial quantity. B.A. No. 6346 of 2009 2 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs. 50,000/- with two solvent sureties each for the like amount to the satisfaction of the Special Court for N.D.P.S. Act Cases, Vadakara 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, 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. B.A. No. 6346 of 2009 3 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 ln