IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1407 of 2009() ------------------------- CRMP.75/2009 of SPL. COURT (NDPS ACT CASES), THODUPUZHA .................... PETITIONER/PETITIONER/ACCUSED: --------------------------------- PERIMBOM,W/O.LATE PALANI SWAMY, MARAYOOR PANCHAYATH, WARD NO.12, HOUSE NO.110,PULICKARAVAYAL BHAGOM, MARAYOOR VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING FOREST RANGE OFFICER, MARAYOOR. PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1407 OF 2009 () ----------------------------------- Dated this the 28th day of April, 2009 O R D E R Petition is filed under Section 482 of the Cr.P.C. Petitioner is the 1st accused in O.R.No.2/2009 of Nachivayal Forest Station registered for the offence punishable under Section 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, for short, the 'NDPS Act'. The allegation is that, on the morning of 17.2.2009, while travelling as a passenger in a bus, petitioner was found in possession of 2.200 kgs of dried ganja, a narcotic substance, without any authority or licence to possess such contraband. Crime registered over the seizure of the contraband and arrest of the accused, in investigation disclosed the complicity of the other accused. Petition moved by the petitioner for her release on bail was allowed by the Special Judge for NDPS Act Cases, Thodupuzha, imposing some conditions. Relaxation of the conditions imposed by the Sessions Judge as sought for in the CRL.M.C.1407/09 2 present petition, submitting that the petitioner is still in custody and incapable to comply the onerous conditions to secure her enlargement on bail. 2. I heard the learned counsel for the petitioner and also the learned Public Prosecutor. Petitioner is mainly aggrieved by the condition imposed by the Sessions Judge directing that her sureties should have permanent abode and land within the State. Petitioner seeks modification of that condition expressing her readiness and willingness to offer solvent sureties having permanent residence in Kerala and also permanent employment in Kannan Devan Hills Company. Having regard to the submissions made by the counsel and also the facts and circumstances presented, I find modification of the bail condition imposed by the Sessions Judge enabling the petitioner to produce solvent sureties, who have permanent abode and also permanent employment in Kannan Devan Hills Company, can be granted, and it is ordered accordingly. Condition imposed with respect to the sureties in the bail order passed by the Sessions Judge, shall stand CRL.M.C.1407/09 3 modified as indicated above. The other conditions imposed by the Special Judge shall remain intact. Petition is disposed as above. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009