IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6768 of 2011() ----------------------------- CRIME NO.43/2011 OF EXCISE CIRCLE OFFICE, KOTHAMANGALAM .................... PETITIONER/ACCUSED(IN CUSTODY) ------------------------------------------- P.M.SALIM,S/O.MOIDU,AGED 50 YEARS, PATHAZHAPURACKAL HOUSE,XI/408,INCHOOR, KOTHAMANGALAM,ERNAKULAM DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTD BY THE EXCISE CIRCLE INSPECTOR,KOTHAMANGALAM-THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM-31. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6768 of 2011 --------------------------- Dated this the 26th day of August, 2011 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.43 of 2011 of Excise Circle Office, Kothamangalam. 2. The offences alleged against the petitioner are under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 11.8.2011, the petitioner was found in possession of 1.165 kgms. of dry ganja intended for sale. The petitioner was arrested on 11.8.2011 and he was remanded to judicial custody. 4. The Bail Application is seriously opposed by the learned Public Prosecutor. Investigation is in progress. If the petitioner is released on bail at this stage, it would adversely BA 6768/2011 2 affect the proper investigation of the case. It is also likely that the petitioner may indulge in activities to intimidate or influence the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl