IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 957 of 2010() ---------------------------- CRIME NO.1 OF 2010 OF VAMANAPURAM EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- SURENDRAN, AGED 44 YEARS, S/O.PADMANABHAN, SUNIL BHAVAN, MUTHUVILA DESOM, KALLARA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.1 OF 2010 OF VAMANAPURAM EXCISE RANGE). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.957 of 2010 --------------------------------------------- Dated this the 2nd day of March, 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 sole accused in Crime No.1 of 2010 of Vamanapuram Excise Range. 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 12.1.2010, while the petitioner was travelling in a car, he was intercepted by the Excise party. On search of the vehicle, a quantity of 1.70 kg. of ganja was found. The petitioner was arrested on 12.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in another NDPS case wherein the quantity of ganja involved was small quantity. It is also pointed out that the confession statement made by the petitioner discloses that he is involved in two cases. 5. The learned counsel for the petitioner submitted that BA No.957/2010 2 the petitioner undertakes not to commit any offence of similar nature or to indulge in any prejudicial activity while on bail in the present case. This undertaking is recorded. 6. Since the quantity of ganja involved is not commercial quantity, the bar under Section 37(1)(b)(ii) of the NDPS 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, the present stage of investigation and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Thiruvananthapuram, 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 BA No.957/2010 3 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 csl