IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Bail Appl..No. 2651 of 2010() ----------------------------- CRMP.251/2010 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.324/2010 OF VATAKARA POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2 :- --------------------------------------------- 1. SIVADAS, S/O.AYYAPPAN, AGED 72 YEARS, SUNDARAM COLONY NO.3/416, KALPATHY.P.O, PALGHAT DISTRICT. 2. ASHRAF, S/O.USMAN, AGED 40 YEARS, KALLARAKATTIL NOW RESIDING AT CHETTANKUNNU, THALASSERY, KANNUR BY ADV. MR.N.SHANOJ RESPONDENT/COMPLAINANT :- --------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O. VATAKARA POLICE STATION, KANNUR PUBLIC PROSECUTOR MR.R.RAVINDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ================ B.A. No. 2651 of 2010 =============== Dated this the 6th day of May, 2010 O R D E R This is a bail application filed by accused 1 and 2 in Crime No.324 of 2010 of Vatakara Police Station under section 439 of Cr.P.C. 2. The allegation against the petitioners is that they along with 3rd and 4th accused were found in possession of 61/2 k.gms. of Ganja in the New Bus Stand situated in Narayana Nagaram of Vatakara on 13.3.2010 at 6.10a.m. and have thus committed the offence punishable under section 20(b)(II)(B) of Narcotic Drugs and Psychotropic Substances Act. 3. The petitioners were arrested on the spot and are in remand thereafter. Bail applications filed before the Special Judge (Narcotic Drugs and Psychotropic Substances Act Cases) were dismissed. 4. Heard the learned counsel for the petitioner and B.A. No. 2651 of 2010 -2- the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. The petitioners were arrested on March 13, 2010 and are in remand thereafter. Further they were found in possession of 2k.gms. And 1k.gm of Ganja, which is in between small quantity and commercial quantity, which is shown as item No.55 of the notification No.S.O.1055(E) dated 19.10.2001. Therefore, the rigour of section 37 of the Act is not applicable to this case. The 1st petitioner is aged 72. Further the learned Public Prosecutor submits that investigation in this case is almost over. Third accused has already been granted bail by this Court by order in B.A.2294/2010 dated April 27, 2010. Therefore I feel that petitioners can be released on bail, but on conditions. 6. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of B.A. No. 2651 of 2010 -3- the lower court on the following conditions:- 1) The petitioners shall report before the Investigating Officer on all Mondays at 10 a.m. 2) The petitioners shall not commit similar offence while on bail. 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioners shall not leave the jurisdiction of the trial court without prior permission. 5) In case of breach of any of the conditions mentioned above, lower court can cancel their bail. P.Q. BARKATH ALI, JUDGE. B.A. No. 2651 of 2010 -4- jvt