IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Bail Appl..No. 5536 of 2008() ----------------------------------------- (CRIME NO.136/08 OF MUNNAR POLICE STATION) PETITIONER: --------------------- JOEMON JOSEPH, S/O. JOSEPH, PUTHUPARAMBIL HOUSE, ANAKULAM KARA, MANKULAM VILLAGE, DEVIKULAM TALUK, IDDUKI DISTRICT. BY ADV. SRI.TITUS MANI SRI.SURAJ SUKUMARAN RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, IDUKKI. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------------------------------------------- Bail Application No.5536 of 2008 ------------------------------------------------------- Dated this the 4th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 20(b) (ii)(c) of NDPS Act. According to prosecution, on 14.3.2008, the police party seized 41 kg. of dry ganja from a forest land and on reaching there, they found a person (A1) running away. It is understood that the ganja was concealed there by the person who ran away and also another person and they are implicated as accused nos. 1 and 2. 3. Petitioner is the first accused. Learned counsel for the petitioner submitted that petitioner is in custody from 22.3.2008 onwards. He has absolutely no connection with the ganja. He was not arrested from the spot. It is now alleged that petitioner is the first accused in the crime. His identity could not be disclosed at the time of incident. It is seen from the mahazar that a person of the locality had accompanied the officers. But, in spite of his presence, petitioner's details could not be ascertained. Therefore, there is a mistaken identity and the BA No.5536/08 2 petitioner may be granted bail. It was also pointed out that the co-accused was granted bail by this Court and hence, petitioner may also be granted bail. 4. This petition is strongly opposed. Learned public prosecutor submitted that 41 kg. of ganja is involved in this case. Petitioner was seen at the spot and his identity was revealed on investigation. The case diary will show that the petitioner himself was involved in the offence. It is mentioned in the order granting bail to the second accused that he is not similarly placed as that of the petitioner and hence, granting of bail to co-accused may not be made a ground to allow this bail application. 5. On hearing both sides, I find that it is not a fit case to grant bail to the petitioner at this stage. The petition is dismissed. K.HEMA, JUDGE csl