IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 4840 of 2009() ----------------------------- CRIME NO.9 OF 2009 OF EXCISE ENFORCEMNET AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- JAYAN, AGED 30 YEARS. S/O.VASUDEVAN, VAYALILTHITTA VEEDU, AZHOOR PO, CHIRAYINKEEZHU. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT -------------------------------------------- STATE OF KERALA(CRIME NO.9/09 CIRCLE INSPECTOR , EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM) REP,.PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4840 of 2009 --------------------------------------------- Dated this the 10th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.9 of 2009 of Excise Enforcement and Anti Narcotic Special Squad, Kollam. 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 17.7.2009, the accused persons were found in possession of 8.850 kgms. of ganja. The petitioner was arrested on 17.7.2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the second accused was granted bail by the order dated 27.8.2009 passed by the learned Sessions Judge, Kollam. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.4840/2009 2 petitioner, the nature of the offence and also the fact that the second accused was granted bail, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court (Special Court for NDPS Act Cases), Kollam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 csl