IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Bail Appl..No. 3116 of 2010() ---------------------------------------- CRIME NO.6/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM. ........... PETITIONER (S): ACCUSED(PARTY IN CUSTODY) --------------------------- SANKARAN, S/O.SUDALAI MUTHU, V.K.PURAM P.O., AMBA TALUK, THIRUNALVELI, TAMIL NADU. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3116 of 2010 ------------------------------------ Dated this the 2nd day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 22(c) of Narcotic Drugs and Psychotropic Substances Act. According to prosecution, petitioner was found in possession of 2.920 kilograms of “Mandrake”, on 30.10.2009 at about 6 P.M. He was arrested from the spot. On investigation, it was revealed that second and third accused supplied the article to the petitioner. 3. Petitioner is in custody for the past more than 180 days. Petitioner is therefore, entitled to get bail under Section 167(2) of the Cr.P.C., it is submitted. Learned Public Prosecutor conceded that petitioner is in custody for the past 215 days and that he is entitled for statutory bail under Section 167(2) of the Cr.P.C. However, it was pointed out that the co-accused are not yet arrested and accused are Tamilians. If petitioner is released on bail it is likely that he will abscond . It is also submitted that there is threat to the life of petitioner at the hands of the second and third accused, who are notorious criminals dealing with B.A. No. 3116 of 2010 2 contraband articles. It is also submitted that charge sheet is not filed so far. 4. On hearing both sides, I find that by virtue of 167(2) of the Cr.P.C., petitioner is entitled for bail. There is no case for the prosecution that any petition is filed for extension of the period. Charge sheet is not been submitted so far and co-accused are not arrested. In such circumstances, I find that bail can be granted to the petitioner on conditions and hence, the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.2,00,000/- with two solvent local sureties each for the like sum to the satisfaction of the Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every day, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not leave the limits of the police station within which the crime is registered, except with prior permission of court concerned. B.A. No. 3116 of 2010 3 iii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln