IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Bail Appl..No. 3801 of 2009() --------------------------------------- CRIME NO.1465/2009 OF PERUMBAVOOR POLICE STATION, ERNAKULAM PETITIONER/ACCUSED -------------------------------------- ANAS,AGED 27 YEARS,S/O.ASHRAF, KALAPPIRACKAL HOUSE, KANJIRAKKAD KARA, PERUMBAVOOR. BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY RESPONDENT/COMPLAINANT: --------------------------------------------- KERALA STATE REPRESENTED BY THE S.H.O, PERUMBAVOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------- B.A. No. 3801 of 2009 ------------------------------------ Dated this the 14th day of July, 2009 O R D E R The petitioner is the accused in Crime No.1465/2009 of Perumbavoor Police Station, Ernakulam. 2. The allegation against the petitioner is that he was found in possession of 1.150 Kgs of ganja at about 4.20 P.M. on 16/06/2009. He was arrested in front of the private bus station at Perumbavoor. He is in custody since then. Crl. M.C. No.1174/2009 filed for bail was dismissed by the learned Sessions Judge, Ernakulam. 3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. The argument of the learned counsel appearing for the petitioner is that as the petitioner has been in custody from 16/06/2009 onwards and 1.150 Kilograms of ganja would have been a small quantity but for the excess of 150 gms and in such circumstances, petitioner may be granted bail. 4. The learned Public Prosecutor submitted that two B.A. No. 3801 / 2009 Page numbers other cases are pending against the petitioner for the offences under N.D.P.S. Act. 5. Considering the quantity of narcotic drug and fact that petitioner was earlier involved in offences of this nature, petitioner is not entitled to get bail at this stage. The Bail Application is dismissed. M. SASIDHARAN NAMBIAR JUDGE scm