IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5263 of 2009()
1. RAVI,S/O.RAMAR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/10/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5263 of 2009
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Dated this the 22nd day of October, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
C.R.No.2/2009 of Excise Enforcement and Anti Narcotic Special
Squad, Idukki..
2. The offence alleged against the petitioner is under
Section 21 (c) of the Narcotic Drugs and Psychotropic Substances
Act.
3. The prosecution case is that on 10/8/2009, the
petitioner was found in possession of 1.30 Kgs of Charass. The
contraband involves a commercial quantity.
4. The Bail Application is vehemently opposed by the
learned Public Prosecutor.
5. Section 37(b)(ii) of the Narcotic Drugs and
Psychotropic Substances Act provides that where the Public
Prosecutor opposes the Bail Application, the court must be
satisfied, in order to grant bail, that there are reasonable grounds
for believing that the accused is not guilty of the offence alleged
B.A. No. 5263/2009
2
and that he is not likely to commit any offence while on bail.
There is no material to come to the conclusion that there are
reasonable grounds for believing that the accused is not guilty.
There is also no material to come to the conclusion that the
petitioner is not likely to commit any offene, while on bail.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T. SANKARAN, JUDGE
scm