IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5906 of 2011() ----------------------------- (CRIME NO.405 OF 2011 OF MANJESWAR POLICE STATION, KASARAGOD POLICE STATION) ------- PETITIONER ------------------------------ ASSAINAR, AGED 35 YEARS, S/O.MOOSA, R/A.PRATHAP NAGAR, SONKAL MANGALPADY VILLAGE, UPPAL,KASARAGOD TALULK & DIST BY ADV. SRI.B.RAMAN PILLAI RESPONDENT(S): --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 5906 OF 2011 --------------------------------- Dated this the 26th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the 2nd accused in Crime No.405 of 2011 of the Manjeswar 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 30.5.2011, the 1st accused was arrested while he was carrying 1.2 Kilogram of ganja. He confessed and that he procured the ganja from the 2nd accused. On a search in the house of the 2nd accused, a quantity of 8.6 Kilogram of ganja was seized. It is submitted that weights and measures were also seized from the house of the 2nd accused. According to the prosecution, B.A.No. 5906 OF 2011 2 the weights and measures were intended for weighment of ganja and regular supply of the same by the 2nd accused to his customers. 4. The petitioner was arrested on 30.5.2011 and he was remanded to judicial custody. The learned Public Prosecutor submitted that after completing the investigation, final report was filed on 14.7.2011. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Kasaragod, subject to the following conditions: A) The petitioner shall rreport before the investigating officer between 9 A.M and 11 A.M on alternate Mondays, till the trial of the case is over or until further orders. B.A.No. 5906 OF 2011 3 B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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. cms