IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Bail Appl..No. 5650 of 2011() ----------------------------- CRIME NO.2/2011 OF KUNNAMKULAM EXCISE RANGE, THRISSUR PETITIONER : 1ST ACCUSED ------------------------ MOHAMMED SARFAS, S/O.AYUB, 98/H/B, LINTON STREET, KOLKOTHA, WEST BENGAL-700 014. BY ADV. SRI.C.A.CHACKO RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTING EXCISE INSPECTOR, KUNNAMKULAM, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5650 of 2011 ---------------------------------------------- Dated this the 20th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.2 of 2011 of Kunnamkulam Excise Range. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on getting information that accused No.1 was about to hand over ganja to accused No.2, the Excise party waited. Accused No.1 came in an auto rickshaw and handed over the ganja to accused No.2. Both the accused were arrested. A quantity of 2.1 Kgs. of ganja was seized. 4. The quantity of ganja involved is not commercial quantity but intermediate quantity. Therefore the bar under Section 37(1)(b) of the Act does not apply. 5. The learned Public Prosecutor submitted that the petitioner belongs to West Bengal and if he is released on bail, he is likely to make himself scarce, in which case it would not be possible to get his presence at the time of trial. Bail Appln.No.5650/2011 : 2 : 6. 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, the present stage of investigation and also the submission made by the learned Public Prosecutor, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties belonging to the State of Kerala for the like amount, who shall produce the solvency certificate, to the satisfaction of the Sessions Judge, Thrissur, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.5650/2011 : 3 : D) The petitioner 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