Muhammed @ Manu vs State Of Kerala Through The on 5 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6200 of 2009()


1. MUHAMMED @ MANU, S/O.MOIDEEN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA THROUGH THE
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :05/11/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.6200 of 2009
                  ---------------------------------------------
            Dated this the 5th day of November, 2009




                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in

Crime No.449 of 2009 of Nilambur Police Station, Malappuram

District.

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 28.9.2009, the

petitioner was found in possession of a quantity of 1.470 kgs. of

ganja. He was arrested on the same date. The quantity of ganja

involved is not commercial quantity. Therefore, the bar under

Section 37(1)(b)(ii) of the Act would not apply.

4. 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

BA No.6200/2009 2

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 Special Court for NDPS Cases,

Vadakara, 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 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