IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 9 of 2010() ------------------------------------ CRIME NO.5/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SQUAD, KOZHIKODE. PETITIONER/ACCUSED: -------------------------------------- MAJEED @ SIRONI S/O VEERANKOYA, PONNOOKI HOUSE, NAGARAM AMSOM DESOM, KOZHIKODE. BY ADV. SRI.K.RAKESH ROSHAN RESPONDENT/COMPLAINANT : ---------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 9 of 2010 ------------------------- Dated this the 8th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 5/2009 of Excise Enforcement and Anti Narcotic Squad, Kozhikode. 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 1/12/2009, the petitioner was found transporting 1.7 Kgs of ganja. He was arrested on the spot. The petitioner is in judicial custody since then. 4. The petitioner moved an application for bail before the court of Special Judge (NDPS Act cases) Vadakara. But that application was dismissed by the order dated 21/12/2009. 5. It is submitted that the petitioner is suffering from Leprosy. The learned Sessions Judge held that the fact that the petitioner is a Leprosy patient by itself is not a ground for B.A. No. 9/ 2010 2 granting bail. 6. The investigation has progressed after the dismissal of the Bail Application by the learned Sessions Judge. The fact that the petitioner is a Leprosy patient is also a relevant factor to be taken note of. The quantity of ganja involved is not a commercial quantity and therefore, the bar under Section 37(b)(ii) of the Act will not apply. 7. 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 on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the court of the Special Judge (NDPS Act cases), Vadakara 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 and Thursdays for a period of two months and thereafter on Mondays, till the final report is filed or until further orders. B.A. No. 9/ 2010 3 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 scm