IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Bail Appl..No. 7826 of 2009() --------------------------------------- CRMP.779/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA AGAINST THE JUDGEMENT/ORDER IN BA.7539/2009 Dated 21/12/2009 CRIME NO. 885/2009 OF VATAKARA POLICE STATION, KOZHIKODE RURAL POLICE DISTRICT. .................... PETITIONER/ACCUSED: ----------------------------------- VARGHESE THOMAS,S/O.THOMAS KUDUMBAKKAL HOUSE,THANKAMANI POST, IDUKKI DISTRICT. BY ADV. SRI.K.RAKESH ROSHAN RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7826 of 2009 ------------------------------------ Dated this the 15th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.885/2009 of Vatakara Police Station, Kozhikode. 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 15/11/2009, the first accused was found in possession of 5 Kgs of ganja and the second accused was found in possession of 3 Kgs of ganja. The second accused is the wife of the first accused. They were seen near the K.S.R.T.C Bus Depot at Vatakara. The accused persons belong to Idukki District. 4. The petitioner was arrested on 15/11/2009 and he was remanded to judicial custody. B.A. No.7539/2009 was filed by the accused persons before this Court under Section 439 of the Code of Criminal Procedure. The prayer for bail made by the petitioner was rejected. However, bail was granted to the second accused B.A. No. 7826 /2009 2 as per the order dated 21/12/2009. 5. The petitioner is in judicial custody since 15/11/2009. Since the quantity of ganja involved is not a commercial quantity, the bar under Section 37(1)(b)(ii) of the Act will not apply. 6. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Special Court for NDPS Act Cases, Vadakara 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 and Thursdays, 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. B.A. No. 7826 /2009 3 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 scm