IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Bail Appl..No. 4319 of 2009() ---------------------------------- CRIME NO.1056/2009 OF CUSBA POLICE STATION, KOCHI .................... PETITIONERS/ACCUSED: --------------------------------------- 1. ANTONY,S/O.KOSHI,KEELOOR HOUSE, PERUMPADAPPU,KOCHI. 2. VINOD,S/O.VINURAJ,KILLIMANGALAM HOUSE, FORT KOCHI VILLAGE,KOCHI. BY ADV. SRI.SOJAN PAVIYANOSE RESPONDENTS/ COMPLAINANT/STATE ------------------------------------------------------- 1. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE,KOCHI CUSBA POLICE STATION,PALLURUTHY,ERNAKULAM. SRI. JIKKU GEORGE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4319 of 2009 ------------------------------------ Dated this the 6th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.1056/2009 of Cusba Police Station, Kochi. 2. The offences alleged against the petitioners are under Sections 22(a) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 23/07/2009, the accused persons were found in possession of 333 ampules of Tidigisic Phenergan, at Palluruthi. The accused persons were travelling in scooter and motor bike. They were arrested on 23/07/2009 and they are in judicial custody. Applications for bail filed by the petitioners were dismissed by the learned Magistrate on 27/07/2009. The investigation is not completed. 4. Taking into account the facts and circumstances of the case, I am of the view that bail cannot be granted to the petitioners at this stage. Accordingly, the Bail Application is dismissed. However, the petitioners are free to move for bail after two weeks. K.T. SANKARAN, JUDGE scm