IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 5990 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4916/2011 Dated 04/07/2011 CRIME NO.16 OF 2011 OF THE CHATHANNOOR EXCISE RANGE .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- NIZAR, S/O. MUHAMMED KUNJU, SHIBI NIVAS, THAZHUTHALA CHERRY, AADICHANALLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR OF CHATHANNOOR EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ........................................... B.A.NO.5990 OF 2011 ............................................. Dated this the 2nd day of August, 2011. 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.16 of 2011 of the Chathannoor Excise Range. 2. The offence alleged against the petitioner is under Sections 20(b)(ii)(B) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 31.5.2011 the excise party found the accused persons indulged in the sale of ganja near the staircase of a public library. They were arrested on the sport and they were remanded to judicial custody. The quantity of ganja involved in the case is 1.425 kgms, which is an intermediate quantity. 4. Accused No.2 was granted bail as per order dated 4th July, 2011 in B.A.No.4916/2011. The petitioner was also an applicant in B.A.No.4916/2011. But bail was denied to him on the ground that he was involved in several other B.A.NO.5990 OF 2011 : 2 : crimes including offences under Narcotic Drugs and Psychotropic Substances Act. 5. However charge sheet is not filed within 60 days of the date of arrest of the petitioner. Therefore, the petitioner is entitled to default bail under the proviso to Section 167 (2) of the Code of Criminal Procedure. 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. 7. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five 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 and Thursdays, till the final report is filed or until further orders; B) The petitioner shall appear before the B.A.NO.5990 OF 2011 : 3 : 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. cl