IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Bail Appl..No. 3700 of 2009() ----------------------------- CRMP.1633/2009 IN OR NO.1/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KASARAGOD .................... PETITIONER/ACCUSED -------------------------------------- SHAJIMON C.P., S/O.PURUSHOTHAMAN, RESIDING AT UPPUTHODU, UPPUTHODU VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3700 of 2009 -------------------------------- Dated this the 9th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in O.R.No.1 of 2009 of Excise Enforcement and Anti Narcotic Special Squad, Kasaragod. 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 14.5.2009, the petitioner was found in possession of a quantity of 1.850 Kg. of ganja. He was arrested on 14.5.2009 and was produced before the court on the same day. The petitioner was remanded to judicial custody. 4. Learned public prosecutor submitted that the investigation is at the final stage. It is also stated that the petitioner is not involved in any other crime of similar nature. 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. BA No.3700/2009 2 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, Kasaragod (Special Court for NDPS Offences), 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