IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 7333 of 2011() ----------------------------- CMP.1792/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO.43/2011 OF EXCISE CIRCLE OFFICE, KOTHAMANGALAM .................... PETITIONER/ACCUSED : --------------------- P.M.SALIM, S/O.MOIDU, AGED 50 YEARS, PATHAZHAPURACKAL HOUSE, XI/408, INCHOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA TO BE REPRESENTED BY THE EXCISE CIRCLE INSPECTOR, KOTHAMANGALAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The Crime number 43/2011 occurring in the cause title of the order dated 4.10.2011 is corrected and substituted as Crime No.3/2011 as per order dated 19.10.2011 in Crl.MA.6848/2011. Sd/- Assistant Registrar K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7333 of 2011 ---------------------------------------------- Dated this the 04th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.43 of 2011 of Excise Circle Office, Kothamangalam. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 11/08/2011, the petitioner was found in possession of 1.165 Kgs. of dry ganja. The petitioner was arrested on the spot and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in C.R.No.5 of 2009 of Excise Enforcement and Anti Narcotic Special Squad, Ernakulam, in which case the allegation was that on 12/03/2009, the petitioner was found in possession of 153 gms. of ganja. Bail Appln.No.7333/2011 : 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. 6. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the court having jurisdiction, 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. Bail Appln.No.7333/2011 : 3 : 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 skj “Crime No.43 of 2011” occurring in line 3 of paragraph 1 of the order dated 4.10.2011 in B.A.No.7333/2011 is corrected and substituted as “Crime No.3/2011”, vide order dated 19.10.2011 in Crl.M.A.No.6848/2011 in B.A.No.7333/2011. Sd/- Registrar (Judicial)