IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 Bail Appl..No. 2893 of 2011() ----------------------------- CRIME NO.6/2010 OF KOTHAMANGALAM EXCISE RANGE, ERNAKULAM DISTRICT. .................... PETITIONER/ACCUSED NO.1 ---------------------- BIJU, S/O. MADHAVAN, PADIKKAPARAMBIL HOUSE, PANIKKANKUDY.P.O, IDUKKI DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT/ COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE EXCISE RANGE OFFICER, KOTHAMANGALAM EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR, SRI.K.S.SIVAKUMAR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ------------------------------ B.A. No.2893 OF 2011 -------------------------------- Dated this the 29th day of April, 2011 O R D E R ~~~~~~~ Petitioner is the 1st accused in Crime No.6/2010 for offence under Sections 20(b)(ii)(C), 25 and 29 of the N.D.P.S. Act, 1985. The allegation against the petitioner is that the petitioner was found driving an autorickshaw bearing registration No.KL-06/C 7173 with a passenger and a gunny bag containing 25 kilograms of ganja. Having heard either side, I find that the possibility for having the petitioner not aware of the contents in the gunny bag cannot be ruled out. The petitioner was in custody since 21.12.2010. In the above circumstance, I find that it is just and appropriate to release the petitioner on bail on conditions. 1) The petitioner shall be released on bail on executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Sessions Judge, Ernakulam. 2) The petitioner shall report before the Investigating Officer at 10. a.m. on every Monday for next three months. 3. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. (P.S.GOPINATHAN, JUDGE) ps