IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Bail Appl..No. 5003 of 2008(C) ----------------------------- C.M.P. 174/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO. 174/08 OF KOZHIKODE TOWN POLICE STATION, VADAKARA. .................... PETITIONERS/ACCUSED NO.1 & 2: ----------------------------- 1. DHANDAPANI BEHRA @ AKASH, S/O. LAKSHMAN BEHRA, AGED 35 YEARS, ITTAMATTI (PO) NAYAGAD (DISTRICT) ORISSA. 2. KUMAR NAYIK, S/O. DAKSHAM NAYIK, AGED 30 YEARS, IRIPPUR, CHE, PADIPURA (PO), DAYAGAND (DISTRICT) ORISSA. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENTS/RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KOZHIKODE TOWN POLICE STATION. BY SRI. K.S SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No. 5003 OF 2008 ------------------------------ Dated this the18th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 20(b) (II)(B) of N.D.P.S Act. According to the prosecution, the petitioners were found in possession of 1970 grams and 15 grams of Ganja respectively. Therefore the accused 1 and 2 in the crime were arrested on 16/06/2008 at about 3.15 p.m. 3. The petitioner is in custody from 16/06/2008 for the past more than 60 days. The investigation is not yet completed and charge is not laid. Hence, the petitioners are admittedly, entitled for statutory bail, under the proviso to Section 167(2) of the Cr.P.C. Further, learned prosecutor pointed out that petitioner belong to state of Orissa and it may not be possible to ensure their presence during bail. Therefore, stringent condition may be imposed in granting the bail. It is submitted . 4. After hearing both sides, the bail is granted to the petitioner on the following terms and conditions: B.A. No. 5003 OF 2008 2 (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. The sureties shall be local sureties. (ii) The petitioner shall report before the Investigating Officer on every Monday , Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) The petitioner shall not tamper with evidence or influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE scm