IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3779 of 2009 CRIME NO.1161 OF 2009 OF KOTHAMANGALAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- BINOY PAUL,S/O.PAUL, PUTHENPURAYIL HOUSE,NEAR EZHANTHARA KAVU, SUB STATION,ELAMBRA KARA,KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.SOJAN MICHEAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3779 OF 2009 ------------------------------------------------------ Dated this the 17th July, 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.1161 of 2009 of Kothamangalam Police Station. 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 26.5.2009, the petitioner was found transporting One kilogram and 75 grams of ganja. The petitioner was arrested on 26.5.2009. Learned Public Prosecutor submitted that charge was laid in the case on 6.7.2009. 4. 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 fact that charge was laid, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond B.A. NO. 3779 OF 2009 :: 2 :: for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court (Special Court for NDPS cases), Ernakulam, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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/