IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2348 of 2010() ----------------------------- CRMP.75/2010 of SPL. COURT (NDPS ACT CASES), THODUPUZHA Crime No.9/2009 of Excise Enforcement and Anti Narcotic Special Squad, Kottayam .................... (S): PETITIONER/ACCUSED -------------------------------------- K.R.SAJAN, S/O.RAJAPPAN, AGED 30 YEARS, KOLLIYIL HOUSE, KANAKAPUZHA KARA, MUKKUDI.P.O, SENAPATHY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.9/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOTTAYAM). BY MR.C.M.KAMMAPPU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2348 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of April, 2010 O R D E R This is a bail application filed by the second accused in Crime No.9/2010 of Excise Enforcement and Anti Narcotic Special Squad, Kottayam under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he along with the first accused was found in possession of 91.5 Kg of Ganja while traveling in a vehicle on 9.9.2010 at about 3.40 A.M near Mundakayam and thereby committed offence punishable under Sections 20 (b) (ii) (C) and 29 of the NDPS Act. 3. The petitioner was arrested on the spot and is in remand thereafter. Bail Application filed by the accused before the Special Judge for NDPS Act cases Thodupuzha was dismissed. B.A. No. 2348 of 2010 2 4. It is alleged in the petition that the petitioner is innocent of the offence alleged against him, that he is in custody for more than 180 days and that therefore he may be released on bail on conditions. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. The petitioner is in remand from September 9, 2009 onwards ie; for more than 180 days. Therefore he is entitled to be released on bail as provided under Section 167 (2) of Cr.P.C read with section 37 of the NDPS Act. Further the first accused has already been released on bail by order dated 23.4.2010 in the bail application No.2215/2010. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- each with two solvent sureties for like sum each to the satisfaction of the lower court on B.A. No. 2348 of 2010 3 the following conditions:- 1) The petitioner shall appear before the Investigating Officer between 10 A.M and 11 A.M on all Mondays. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb