IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Bail Appl..No. 3585 of 2008() ----------------------------- CRMP.356/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO. 1/2008 OF EXCISE CIRCLE, TIRUR. PETITIONER/1ST ACCUSED --------------------------------------- 1. SAINUDDIN, S/O/RAYANKUTTY CHERAKKAN PARAMVAN HOUSE,KARAKKUNNU AMSOM AND DESOM, ERNAD TALUK, MALAPPURAM 2. THE CIRCLE INSPECTOR OF EXCISE,TIRUR BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2008, ALONG WITH BA NOS. 3693/08 AND 3823/08 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. -------------------------------------------------------- Bail Appl.Nos. 3585, 3693 & 3823 of 2008 ------------------------------------------------------- Dated this the 12th day of June, 2008. ORDER Petition for bail. 2. Petitioners in these three bail applications are A1, A2 and A4 in the crime. According to prosecution, 4 persons were found in an autorickshaw with 3.700 Kgs. of Ganja in the body of autorickshaw, 100 grms each of Ganja was found in the pocket of A1 and A2. A4 is the driver and A1 to A3 are the passengers in the autorikshaw. No Ganja was seized from the personal possession of A3. The vehicle was driven away though a signal was given by the Excise Officer to stop the vehicle. A1 and A2 were taken into custody on 8.5.2008 from the spot itself. A crime was registered under Sections 20(b)(II)(B) of N.D.P.S. Act. 3. Learned counsel for the petitioners submitted that the petitioners have been in custody from 8.5.2008 onwards. The quantity which was in possession of each of the accused cannot therefore be said to be more than small quantity because there were 4 persons in the autorickshaw and total quantity was 3.900 Kgs,it is submitted. [B.A.Nos.3585, 3693 & 3823/08] 2 3. Learned Public Prosecutor opposed this bail application, but he could not state the quantity of ganja possessed by each of the accused. In the above circumstances, I find that bail can be granted to the petitioners and the following order is passed: (1) Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Court concerned. (2) Petitioners shall report before the investigating officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (3) Petitioners shall not leave the limits of the police station within which the incident occurred. (4) If the petitioners are involved in similar offence while on bail, bail is liable to be cancelled. K. HEMA, JUDGE. Krs.