IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 Bail Appl..No. 4243 of 2011() ----------------------------- CRIME NO.5/2010 OF KOTHAMANGALAM EXCISE RANGE PETITIONER: 5TH ACCUSED ------------------------------- SUDHAKARAN, AGED 31 YEARS, S/O.KULATHAIVELLU, POONGANAGAR, RAJAGOPALAPURAM P.O., PUTHUKOTTAI DISTRICT, TAMIL NADU. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.I.J.AUGUSTINE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF EXCISE, KOTHAMANGALAM, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No.4243 of 2011 -------------------------------- DATE: 07.06.2011 O R D E R In this Petition filed under Sec.439 Cr.P.C., the petitioner, who is the 5th accused in Crime No.5/2010 of Kothamangalam Excise Range for an offence punishable under sec.21(C) of the N.D.P.S. Act for allegedly having been found in possession of 2 Kg of brown sugar, seeks bail. 2. The learned Public Prosecutor opposed the application. 3. I am not satisfied that both the grounds enumerated under sec.37(1)(b)(ii) of the N.D.P.S. Act are present in this case so as to justify release of the petitioner. This Application is, accordingly, dismissed. V.RAMKUMAR, JUDGE. sj