IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE K.T.SANKARAN MONDAY, THE 14TH NOVEMBER 2011/23RD KARTHIKA 1933 Bail Appl..No. 8548 of 2011 CRIME NO.2 OF 2011 OF BHAVANI FOREST RANGE, PALAKKAD DIST. PETITIONER/ACCUSED -------------------- APPU @ MADHAVAN VAIDYAR, S/O.VELU, AGED 48 YEARS, EDATHARA HOUSE, MUKKALI, AGALI, MANNARKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE DEPUTY RANGER, BHAVANI FOREST OFFICE, AGALI, PALAKKAD DISTRICT. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8548 OF 2011 ------------------------------------------------------ Dated this the 14th day of November, 2011 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.2 of 2011 of Bhavani Forest Range, Palakkad 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 2.10.2011, the petitioner was found transporting 1.6 Kg. of ganja in his jeep. The contraband was kept concealed underneath the body of the jeep. The petitioner was arrested on 2.10.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is an Adivasi practicing country medicines. The counsel also submitted that the petitioner is suffering from renal disease and even while he was in jail, he was taken to the hospital twice. The BAIL APPL. NO.8548 OF 2011 :: 2 :: quantity of ganja involved in the case is not commercial quantity. Therefore, Section 37(1)(b) of the NDPS Act is not applicable. 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, however, only with effect from 24.11.2011. 6. The petitioner shall be released on bail only on 24.11.2011 on his executing bond for Rupees Twenty five thousand 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 and Thursdays for a period of one month and thereafter, 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 APPL. NO.8548 OF 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 ahz/