IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2121 of 2010() ----------------------------- CMP.167/2010 of SPL. JUDGE (NDPS ACT CASES), VADAKARA CRIME NO. 103 of 2010 OF PULPPALLY POLICE STATION, WAYANAD DISTRICT PETITIONERS/ACCUSED NO.1&2 ---------------------------------------------- 1. THOMAS,S/O.KURIAKOSE,CHERADIYIL HOUSE, PLACHIKKARA MUKKU,PULPALLI, WAYANAD, 2. SADIQUE ALI,A/O.AMMAD, PUTHIYA PURAYIL HOUSE,KATTIKULAM, WAYANAD. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,PULPALLY POLICE STATION, WAYANAD DISTRICT,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2121 of 2010 C =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of April, 2010 O R D E R This is a bail application filed by accused Nos.1 and 2 in Crime No. 103 of 2010 of Pulppally Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioners is that on March 3, 2010 at 5.55 p.m. the petitioners/accused were found transporting 7 kg and 060 gram of ganja in an auto- rickshaw bearing registration No. KL-11-J 1418 at Thannitheruvu of Pulpally amsom in Wynad district and thereby committed an offence punishable under section 20 (b)(ii)(B) of the Nurcotic Drugs and Psychtropic Substances Act. 3. The petitioners were arrested on March 3, 2010. Thereafter, they are in remand. Bail application filed by the petitioners before the learned Special Judge, N.D.P.S. Act Cases was rejected by order dated March 9, 2010, a copy of which is produced along with this application. 4. In this application it is stated that the petitioners BA No.2121/10 2 are innocent of the offence alleged against them, that the investigation is almost over and that the wife of the second petition is suffering from epigastric hernia and requires an urgent surgery and that therefore they may be released on bail. 5. Heard learned counsel for the appellants and the learned Public Prosecutor. Petition is opposed by the learned Public Prosecutor. 6. The quantity involved in this case is 7 kg and 060 gram of ganja, which is in between small quantity and commercial quantity, possession of which is an offence punishable under section 20(b)(ii)(B) of the N.D.P.S. Act, i.e., imprisonment up to 10 years and fine upto Rs.1 lakh. The learned Public Prosecutor conceded that the investigation is almost over and the main witnesses have been already questioned. Further the petitioners are in custody from March 3, 2010 onwards. Therefore, I feel that this is a fit case in which bail can be granted to the petitioners on conditions. BA No.2121/10 3 7. In the result, the petition is allowed. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioners shall report before the Investigating Officer between 10 A.M. and 11 A.M. on all Mondays. 2) The petitioners shall not commit any offence similar in nature while on bail. 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioners shall not leave the jurisdiction of the trial court without prior permission. 5) In case of breach of any of the conditions mentioned above, the lower court can cancell his bail. P.Q. BARKATH ALI, JUDGE. mn