IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 950 of 2010() --------------------------------- CRMP.237/2010 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 1/2010 OF EXCISE RANGE, CHATHANNOOR, KOLLAM .................... PETITIONER/ACCUSED : ---------------------------- PUSHPANGADHAN, AGED 58 YEARS S/O.VELAYUDHAN, KOCHUPARAMBIL VEEDU KOONAMKULAM CHERRY, CHIRAKKARA VILLAGE, KOLLAM. BY ADVS. SRI.V.V.RAJA & SRI.M.T.SURESHKUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 950 of 2010 ------------------------------------ Dated this the 24th day of February, 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. 1/2010 of Excise Range, Chathannoor, Kollam District. 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 03.01.2010, the petitioner was found in possession of 1100 grams of ganja. He was arrested on 03.01.2010. The petitioner is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner was involved in another case in which the allegation was that he was found in possession of 40 grams of ganja. The petitioner is facing trial in that case in C. C. No. 860/2007 on the file of the Court of the Judicial Magistrate of the First Class, Paravur, Kollam. B.A. No. 950 of 2010 2 5. The learned counsel for the petitioner submitted that the petitioner is aged 58 years. He is prepared to comply with any condition that may be imposed by the Court. The petitioner also undertakes not to commit any offence of similar nature or to involve in any prejudicial activities, if bail is granted in the present case. This undertaking is recorded. 6. In the facts and circumstances of the case and also taking into account the fact that the petitioner is in judicial custody since 03.01.2010, I am of the view that bail can be granted to the petitioner on stringent conditions. The bar under Section 37(1)(b)(ii) of the N. D. P. S. Act will not apply in the present case as the quantity involved is not commercial quantity. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Sessions Court, Kollam 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, Wednesdays and Saturdays for two months and thereafter on Mondays, till the final report is filed or until further orders. B.A. No. 950 of 2010 3 B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall surrender his passport before the Sessions Court, Kollam within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Sessions Judge within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 ln