IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6229 of 2009(M) ------------------------------ CRIME NO.243/2009 OF KUMBLA POLICE STATION, KASARAGOD PETITIONER/ACCUSED -------------------------------------- MUNEER,S/O.MUHAMMED, RESIDING AT ADKA, ICHILAMGOD, ICHILAMGOD VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6229 of 2009 --------------------------------------------- Dated this the 9th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.243 of 2009 of Kumbla Police Station, Kasaragod 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 a search in the house of the petitioner on 31.8.2009, a quantity of 5.75 kgms. of ganja was seized. The petitioner surrendered before court on 6.10.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that on the date of search, the petitioner was in judicial custody as he was involved in two theft cases. Bail was granted to him in the theft cases on 25.9.2009. It is also submitted that the investigation is in progress. BA No. 6229/2009 2 5. The quantity involved is of intermediary quantity. The rigor of Section 37(b)(ii) of the Act would not apply as the quantity involved is not of a commercial quantity. 6. 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 and also the fact that the petitioner is in judicial custody since 6.10.2009, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court (Special Court for NDPS Cases), Kasaragod, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 leave the police station limits of Kumbla police station for a period of two months except with the prior intimation in writing to the Station House Officer, Kumbla Police Station; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA No. 6229/2009 3 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 csl