IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 540 of 2009() ---------------------------- SC.10/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.464/07 OF KOTTAKAL POLICE STATION PETITIONER(S): ACCUSED NO. 2 AND 3 --------------------------------------- 1. PAZHANI, S/O. MAYANDI, D. NO. 26, PULAKATHEVAR THERU, KAMBAM, THENI DISTRICT, TAMILNADU STATE 2. SELVAM, S/O RASU, DOOR NO. 72, ANDIPETTI KADALAIMELE, VARAMBANADU, TAMIL NADU. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 540 of 2009 ----------------------------------------- Dated this the 6th February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Section 20(b)(II) of NDPS Act. According to prosecution, accused 1, 2 and 3 were transporting 31 kg 150 grams of ganja in an ambassador car on 26.10.2007. 3. Learned counsel for petitioners submitted that petitioners are accused 2 and 3. They were granted bail at the crime stage, after undergoing detention of 136 days. Later, petitioners did not receive any summons. However, their counsel filed application for excusing their absence. But finally on 4.10.2008, the petition was dismissed and bail bond was cancelled and non bailable warrants were issued against petitioners. Petitioners were arrested on 4.12.2008 and they were remanded. Petitioners have no intention to abscond. They did not appear only because they did not get any summons. It is also pointed out that the counsel was filing BA.540/09 2 applications on all postings. In such circumstances, bail may be granted, it is submitted. It is also pointed out that proceedings are initiated against the sureties and petitioners under Section 446 Cr.P.C. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners, who are in custody from 4.12.2008 onwards. Hence, bail is granted to petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned (sureties shall be local sureties). ii) Petitioners shall report before the investigating officer on every Sunday between 10 AM and 1 PM until further orders. iii). Petitioners shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.