IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 763 of 2010() ---------------------------- CRIME NO.1/2010 OF NILAMBUR EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SANKARAN, S/O. APPUTTY, AGED 40 YEARS, RESIDING AT CHEMBAN VEETTIL AMBALAPPADY, CHUNGATHARA VILLAGE, NILAMBUR. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): COMPLAINANT-STATE ----------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No763 of 2010 --------------------------------------------- Dated this the 18th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1 of 2010 of Nilambur Excise Range. 2. The offence alleged against the petitioner is under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that two cannabis plants were found to have been cultivated in the residential compound of the petitioner. The crime was detected on 28.1.2010. The petitioner was arrested on 28.1.2010 and he was remanded to judicial custody on 29.1.2010. 4. The Special Judge for NDPS Act cases dismissed the application for bail submitted by the petitioner by the order dated 1st February, 2010. The investigation has progressed much thereafter. I do not think it is necessary to detain the petitioner further. The bar under Section 37(1)(b)(ii) of the Act would not apply in the present case. BA No.763/2010 2 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Special Judge (NDPS Act Cases), Vatakara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl