High Court Kerala High Court

Mohanan vs State Of Kerala on 17 March, 2010

Kerala High Court
Mohanan vs State Of Kerala on 17 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1549 of 2010()


1. MOHANAN, AGED 45 YEARS, S/O. NARAYANAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.PEEYUS A.KOTTAM

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :17/03/2010

 O R D E R
                         K.T.SANKARAN, J.
                    ---------------------------------------------
                         B.A.No.1549 of 2010
                    ---------------------------------------------
                Dated this the 17th 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 accused No.1 in Cr.No.1

of 2010 of the Excise Enforcement and Anti Narcotic Special

Squad, Ernakulam.

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 5.2.2010, the petitioner

and another were found in possession of 1.110 kgs. of ganja. The

petitioner was arrested on 5.2.2010 and he was remanded to

judicial custody.

4. It is submitted by the learned counsel for the petitioner

that the petitioner is not involved in any other case of similar

nature. The quantity of ganja involved is slightly above the small

quantity.

5. Since the quantity of ganja involved is not a commercial

quantity, the bar under Section 37(1)(b)(ii) of NDPS Act will not

apply.

6. Taking into account the fact that the petitioner is in

judicial custody since 5.2.2010 and also taking note of the

BA No.1549/2010 2

contention that the petitioner is not involved in any other case of

similar nature, I am inclined to grant bail to the petitioner on

stringent conditions.

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, Ernakulam, 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 for a period
of one month and thereafter 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
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