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.
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B.A.No.1549 of 2010
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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