IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4689 of 2009() -------------------------------------- CRMP.2006/2009 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.7/2009 OF EE AND ANSS, KOLLAM .................... PETITIONER/ACCUSED: -------------------------------------- PRAVEENDAS,S/O.HARIDAS,AGED 24 YEARS, KATTUVILAPUTHEN VEEDU(DASBHAVAN),KARINGANNOOR, VELINALLOOR,KOTTARAKKARA,KOLLAM. BY ADV. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. THE CIRCLE INSPECTOR OF EXCISE AND ANTI NARCOTIC SPECIAL SQUAD,KOLLAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4689 of 2009 ------------------------------------ Dated this the 7th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 7/2009 registered by Excise Enforcement and Anti Narcotic Special Squad, Kollam. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The allegation is that on 18/6/2009, the petitioner was found in possession of 10.5 kgs of ganja. He was arrested on 18/6/2009 itself. The petitioner is in judicial custody since then. 4. The learned counsel for the petitioner submitted that the petitioner is working as door checker in a private bus. His mother is suffering from cancer and his father is suffering from cardiac ailment. It is stated that while the petitioner was coming back from the hospital with his mother, they hired an Autorickshaw. The Autorickshaw was intercepted by the Excise Enforcement and Anti Narcotic Special Squad. The driver of the B.A. No. 4689/2009 2 Autorickshaw ran away. The petitioner and his mother remained in the Autorickshaw. The petitioner was made an accused in the case in these circumstances. It is also pointed out that the residential property of the petitioner is under attachment at the instance of Kollam District Co-operative Bank, Ayoor Branch. 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, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each 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 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 B.A. No. 4689/2009 3 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 scm