High Court Kerala High Court

Surendran vs State Of Kerala on 2 March, 2010

Kerala High Court
Surendran vs State Of Kerala on 2 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 957 of 2010()


1. SURENDRAN, AGED 44 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :02/03/2010

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                        B.A.No.957 of 2010
                  ---------------------------------------------
              Dated this the 2nd day of March, 2010


                               O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the sole accused

in Crime No.1 of 2010 of Vamanapuram Excise Range.

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 12.1.2010, while the

petitioner was travelling in a car, he was intercepted by the

Excise party. On search of the vehicle, a quantity of 1.70 kg. of

ganja was found. The petitioner was arrested on 12.1.2010 and

he was remanded to judicial custody.

4. The learned Public Prosecutor submitted that the

petitioner was involved in another NDPS case wherein the

quantity of ganja involved was small quantity. It is also pointed

out that the confession statement made by the petitioner

discloses that he is involved in two cases.

5. The learned counsel for the petitioner submitted that

BA No.957/2010 2

the petitioner undertakes not to commit any offence of similar

nature or to indulge in any prejudicial activity while on bail in

the present case. This undertaking is recorded.

6. Since the quantity of ganja involved is not commercial

quantity, the bar under Section 37(1)(b)(ii) of the NDPS Act will

not apply.

7. 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, the present stage of

investigation and also taking note of the aforesaid undertaking, I

am of the view that bail can be granted to the petitioner.

The petitioner shall be released on bail on his executing

bond for Rs.25,000/- with two solvent sureties for the like

amount to the satisfaction of the Sessions Court,

Thiruvananthapuram, 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

BA No.957/2010 3

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
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