IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3713 of 2008() ----------------------------- CRMP.95/2008 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CRIME NO.45/08 OF VELLATHOOVAL POLICE STATION APPLICANTS/ACCUSED NO.1 AND 2 ---------------------------------------------- 1. SIJO, S/O.KURIAKOSE, CHANDANAKUZHIYIL HOUSE, RAJAKKADU KARA, RAJAKKADU VILLAGE. 2. ARUN @ KIRAN, S/O.BABY, CHERUTHANICKAL HOUSE, RAJAKKADU KARA, RAJAKKADU VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED THE S.I. OF VELLATHOOVAL, POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3713 of 2008 ----------------------------------------- Dated this the 20th day of June, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 20(b)(ii)(c) of NDPS Act. According to prosecution, on 7.2.2008 at about 8.15 PM, the Sub Inspector of Police and other police officials were on patrol duty and when they reached the scene of occurrence, they found a jeep and on suspicion, they signaled the jeep to stop. The jeep was stopped and two persons, who were on the rear seat, ran away. Petitioners are driver and passenger in the front seat. They were arrested and on search in the jeep, 30.5 kgs of Ganja was found in two sacks in the rear seat. 3. Petitioners are in custody from 7.2.2008 onwards. The investigation is almost over. Learned counsel for petitioners submitted that the petitioners were not in possession of the articles, they being seated in the front seat. If at all, the prosecution case is accepted in toto, the quantity of Ganja being 30.5 kgs., since there are four persons, the quantity in possession of each person will be only less than the commercial quantity. Learned Public Prosecutor BA.3713/08 2 is not able to pin point in whose possession the Ganja was, except that the Ganja was found in the car and all the accused were jointly in possession of the Ganja. 4. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed, considering the nature of offence committed. Hence, the petitioners are granted bail on the following terms and conditions: i) Petitioners shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. ii) Petitioners shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. iii). Petitioners shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them and get involved in any offence of similar nature while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.