IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Bail Appl..No. 4826 of 2008() ----------------------------- CRMP.507/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA C.R.No.1/2008 OF PARAPPANANGADI EXCISE RANGE PETITIONERS/ACCUSED ------------------------------------ 1. PALLATH KOTHA, S/O.KORAN, VALANCHERY (P.O), TIRUR TALUK, MALAPPURAM DISTRICT. 2. PALLATH ANIL KUMAR, S/O.KOTHA, VALANCHERY (P.O), TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN - 31. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4826 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2008 O R D E R Application for bail. 2. The alleged offence is under section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Petitioners were found in possession of 3.650 k.gms of ganja in an autorickshaw. Petitioners are implicated as 1st and 2nd accused. They are father and son. 3. Learned counsel for the petitioners submitted that the petitioners were arrested on 16-6-2008 and they are in judicial custody since then. He also submitted that the 1st accused is sick and he is having cardiac problems, for which he is under treatment in the Medical College Hospital. Documents are also produced to support this contention. It is, therefore, submitted that bail may be granted at least to the 1st petitioner. 4. Learned Public Prosecutor submitted that taking into consideration the physical state of the 1st petitioner, as revealed from the documents, he has no objection in granting bail to him. But, prayer for bail by the 2nd petitioner is vehemently opposed. 5. On hearing both sides, I am satisfied that bail can be granted to BA 4826/08 -2- the 1st petitioner, but not to the 2nd petitioner. Hence, the following order is passed:- 1. The 1st petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate on condition that he shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. 2. Prayer for bail by the 2nd petitioner is rejected. The application is partly allowed. K. HEMA, JUDGE. mn.