IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7102 of 2009() ----------------------------- CRIME NO.8/2009 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM .................... PETITIONER/2ND ACCUSED ------------------------------------------ NAJEEB, S/O.ILLIAS, THETTICHIRA HOUSE, WARD NO.6, MUSLIM STREET, KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KARUNAGAPPALLY, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7102 of 2009 --------------------------------------------- Dated this the 8th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.8 of 2009 of Karunagappally Excise Range. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 29.9.2009, while accused Nos.1 and 2 were transporting 6.06 kgms. of ganja, the police arrested them and seized the ganja. The petitioner was remanded to judicial custody. He is in judicial custody since then. 4. The quantity of ganja is not of commercial quantity. Therefore, the bar under Section 37(1)(b)(ii) of NDPS Act will not apply. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other offence of similar nature and he undertakes not to commit any offence of similar nature while on bail in the present case. He is also prepared to comply with any condition that may be imposed by BA No.7102/2009 2 the court. 5. 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 and the present stage of investigation and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Kollam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; 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 csl