IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 3076 of 2009(B) ------------------------------------- CRIME NO.1412/2009 OF ALUVA POLICE STATION, ERNAKULAM. PETITIONER/ACCUSED: -------------------------------------- IBRAHIM, AGED 71 YEARS, S/O.MOOSSA, NEAR MADHAVAPURAM COLONY, PURAMBOKE AREA, PATTERIPPURAM, ALUVA. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH S.I OF POLICE, ALUVA POLICE STATION. SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3076 of 2009 ------------------------------------ Dated this the 18th day of June, 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.1412/2009 of Aluva Police Station. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the NDPS Act. 3. The prosecution case is that the petitioner was found in possession of 1Kg 75 gm of Ganja. The petitioner was arrested on 26/05/2009 and he is in judicial custody. The learned Public Prosecutor submitted that the investigation is not over and if the petitioner is released on bail, there is every likelihood of the petitioner influencing or intimidating the witnesses and making himself scarce. The learned Public Prosecutor also submitted that there is every likelihood of the petitioner indulging in similar activities. 4. Taking into account the facts and circumstances of the case, the nature of the offence and the statement made by the B.A. No. 3076 / 2009 2 learned Public Prosecutor, I am not inclined to grant bail at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm