IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 Bail Appl..No. 6124 of 2011 CRIME NO.1 OF 2011 OF NEYYATTINKARA EXCISE RANGE PETITIONERS/ACCUSED NOS.1 TO 3: -------------------------------------- 1. SULOCHANA, MUDIVIKKATHU MELE PUTHENVEEDU, VAZHUTHOOR, NEYYATTINKARA. 2. SHIBU, UDHIYANOOR VILAKOM, KOTTAPPANA NEYYATTINKARA. 3. SAJI @ SAJEEV, GOPU BHAVAN, COURT ROAD, NEYYATTINKARA. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUOTR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6124 OF 2011 ------------------------------------------------------ Dated this the 10th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.1 of 2011 of Neyyattinkara Excise Range, Thiruvananthapuram District. 2. The offence alleged against the petitioners is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 9.6.2011, accused No.2 was found engaged in the sale of 1.5 kg. of ganja. He was arrested on 9.6.2011 itself. Investigation revealed that ganja was procured by the second accused from accused Nos.1 and 3. From the shop of accused No.1, 3 kgs. of ganja was seized. It is alleged that accused No.3 made available the ganja to accused No.1. The prosecution also alleges that from the house of accused No.3, 5 kgs. of ganja was seized. Accused No.1 is involved in two BAIL APPL. NO.6124 of 2011 :: 2 :: other cases, in which, the offence alleged is under the Narcotic Drugs and Psychotropic Substances Act. Accused No.2 is involved in an abkari case, submits the learned Public Prosecutor. 4. The quantity of ganja involved in the case is intermediate quantity. The petitioner was arrested on 9.6.2011. Within 60 days, no charge sheet is filed. Therefore, the petitioners are entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 5. Accordingly, the petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Thiruvananthapuram, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; BAIL APPL. NO.6124 of 2011 :: 3 :: d) The petitioners 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 ahz/