IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2215 of 2010() ----------------------------------------- CRIME NO.9/2009 OF EXCISE ENFORCEMENT AND ANTI-NARCOTICS SPECIAL SQUAD, KOTTAYAM DISTRICT. ................ PETITIONER/IST ACCUSED --------------------------------------- V. SURENDRAN, S/O.VASU, AGED 38 YEARS, CHOKRAMUDIKUDY HOUSE, CHOKRAMUDIKUDY KARA, POTTANKADU VILLAGE, BAISON VALLY, DEVIKULAM TALUK. BY ADV. SRI.S.JIJI RESPONDENT(S): ---------------------------- THE CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, KOTTAYAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/04/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-= B.A. No. 2215 of 2010 =-=-=-=-=-=-=-=-=-= Dated this the 23rd day of April, 2010 O R D E R This is a bail application filed by the first accused in Crime No.9/2009 of the Excise Enforcement and Anti - Narcotics Special Squard, Kottayam under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he was found in possession of 91.5 Kg of Ganja while travelling in a vehicle on 9.9.2009 at about 3.40 A.M near Mundakayam and thereby committed the offence punishable under Sections 20(b) (ii) (C) and 29 of the NDPS Act. He was arrested on the spot and is in remand thereafter. Bail Application filed by the accused before the Special Judge for NDPS Act Cases Thodupuzha was dismissed. 3. It is alleged in the petition that the petitioner is innocent of the offence alleged against him and that his previous Bail Application No.975/2010 filed before this Court was also dismissed on 22.2.2010. B.A. No. 2215 of 2010 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The petition is opposed by the learned Public Prosecutor. 5. The petitioner is in remand from September 9, 2009 onwards ie; for more than 180 days. Therefore he is entitled to be released on bail as provided under Section 167 (2) of Cr.P.C read with Section 37 of the NDPS Act. 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 the trial court on the following conditions:- 1) The petitioner shall report before the Investigating Officer at 10 A.M. on all Mondays. 2) The petitioner shall not commit any offence similar in nature while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 2215 of 2010 3 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb