IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5456 of 2008() ----------------------------- CRMP.159/2008 of SPL. COURT (NDPS ACT CASES), THODUPUZHA O.R. NO. OF NACHIVAYAL FOREST STATION-MARYOOR FROEST RANGE PETITIONERS/ACCUSED ------------------------------------ 1. SAJU CHERIAN, S/O. CHERIAN, AGED 32 RESIDING AT KAKKANATTU HOUSE, BAISONVALLY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. SATHEESH, S/O. RAJAN, AGED 25 YEARS, RESIDING AT PUTHENPURACKAL HOUSE, CHEENKULAM KARA, KUNJITHANNI VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT: ------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (O.R.NO.11 OF 2008 OF NACHIVAYAL FOREST STATION MARAYOOR FOREST RANGE). BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5456 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 52 of the Kerala Forest Act, 1961 and section 27(I)(e)(iii) and (iv) of the Kerala Forest (Amendment) Act and section 20(b) of the Narcotic Drugs and Psychotropic Substances Act. According to prosecution, six persons were found in a forest and on seeing the forest officials, two of them ran away and four of them arrested from the spot. From the possession of 1st accused 1.5 k.gms. of ganja was seized. Prosecution case is that all of them were in possession of ganja. Petitioners are accused 5 and 6 who were arrested from the spot on 14-7-2008. 3. Petitioners are in custody from 14-7-2008 onwards. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. 4. Hence, bail is granted to petitioners on the following terms and conditions:- 1) Petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. BA 5456 /08 -2- 2) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 3) Petitioners shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. mn.