IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Bail Appl..No. 5685 of 2011() ----------------------------- AGAINST THE ORDER IN BA.4389/2011 N.D.P.S.Cr.No.11OF 2011 OF CHATHANOOR EXCISE RANGE OFFICE,KOLLAM DT) .................... PETITIONER/ACCUSED 2 ---------------------------------------- OMANA, W/O. KUNJUMON, VINEETHA BHAVAN, ELANGAMANGALAM DESOM, ENATH VILLAGE, ADOOR TALUK, PATHANAMTHITTA. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE OFFICER, CHATHANNOOR. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5685 OF 2011 --------------------------------- Dated this the 20th 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 N.D.P.S.Cr.No.11 of 2011 of the Chathanoor Excise Range, Kollam 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 quantity of ganja involved in the case is 1.15 Kg., which is not a commercial quantity. The petitioner was arrested on 17.5.2011. 60 days elapsed from the date of arrest. It is submitted by the learned Public Prosecutor that the charge sheet has not been filed. If so, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. B.A.No.5685 OF 2011 2 4.For the aforesaid reasons, I am of the view that bail can be granted to the petitioner. 5.The petitioner shall be released on bail on her executing bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Kollam, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner 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 cms