IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 6288 of 2011() ------------------------- CRMP.1339/2011 of D.C & SESSIONS COURT,TRIVANDRUM CRIME NO.2/2011 OF EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM .................... PETITIONERS/ACCUSED 1 & 2: -------------------------- 1. SUBIN RAJ, AGED 33 YEARS, S/O.RAJAN, VIJAYA MANDIRAM, N.S.P.NAGAR, KOWDIAR VILLAGE, THIRUVANANTHAPURAM 2. JAVAD, AGED 29 YEARS, S/O.SUBJAN, T.C. 11/131, PALLIVILAKATHU PUTHUVAL PUTHEN VEEDU, KESAVADASAPURAM, ULLOOR, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT : COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6288 of 2011 ---------------------------------------------- Dated this the 08th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.2 of 2011 of Excise Enforcement and Anti-Narcotic Special Squad, Thiruvananthapuram. 2. The offence alleged against the petitioners is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 31/05/2011, the accused were found transporting 2.07 Kgs. of ganja. They were arrested on 31/05/2011. They are in judicial custody. 4. The quantity of ganja involved is not commercial quantity. Therefore the bar under Section 37 will not apply. It is submitted that the investigation is not over. 60 days elapsed since the date of arrest, and since the charge sheet is not filed within that period, the petitioners are entitled to default bail under the proviso to Section 167(2) Cr.P.C. Bail Appln.No.6288/2011 : 2 : 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Sessions Judge, Thiruvananthapuram, subject to the following conditions: A) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.6288/2011 : 3 : D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. 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 skj