IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5152 of 2008(Y) ------------------------------ CRMP.150/2008 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CRIME NO.70/2008 OF RAJAKKAD POLICE STATION PETITONER : 3RD ACCUSED; ----------------------------- APPUKUTTAN @ VASUKUTTAN, AGED 38, S/O.KRISHNAKURUP, MADATHIPARAMBIL HOUSE, POOVATHOOR BHAGAM, ERAMALLOOR KARA, ERAMALLOOR VILLAGE, ERANAKULAM DISTRICT. BY ADV. SRI.N.C.MOHANAN SMT.REKHA C.NAIR RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ADIMALI. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5152 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September,2008 O R D E R Petition for bail. 2. The alleged offence is under section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to prosecution, accused 1 and 2 brought 2.5 k.gms. of ganja for selling the same to 3rd accused. All the three were sitting in a tea shop and on seeing the police, 2nd accused who was in possession of sack, containing the article handed over to 3rd accused and 2nd accused ran away. The 3rd accused who obtained the article also ran away. Accused 1 and 2 were arrested from the spot, but the 3rd accused escaped. 3. The incident occurred on 28-3-2008 and petitioner who is the 3rd accused surrendered before Circle Inspector of Police on 15-7-2008. Petitioner is in custody since then. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. 4. Hence, bail is granted to petitioner on the following terms and conditions:- 1) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. BA 5152/08 -2- 2) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. 3) Petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 4) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. mn.