IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5341 of 2009()
1. SELVAKUMAR, AGED 27 YEARS,
... Petitioner
2. KARTHIKEYAN, AGED 28 YEARS,
3. SREENIVASAN, AGED 32 YEARS,
4. MOHAN, AGED 25 YEARS, S/O.GANESAN,
Vs
1. THE EXCISE INSPECTOR,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.V.SETHUNATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5341 of 2009
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Dated this the 23rd day of September, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Petitioners are accused Nos.1 to
4 in N.D.P.S Crime No.1 of Thiruvalla Excise Range.
2. The offences alleged against the petitioners are under
Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act.
3. The prosecution case is that on 4/7/2009, the
petitioners attempted to sell a quantity of 1.01 Kgs of
Diazepam, a Psychotropic Substance. The petitioners were
arrested on 4/7/2009 and they were remanded to judicial
custody.
4. It is submitted by the learned Public Prosecutor that
two other persons are also involved in the case. They are now
shown as accused Nos.5 and 6. Accused Nos.5 and 6 are yet to
be arrested.
5. The Bail Application is vehemently opposed by the
learned Public Public Prosecutor. Section 37 of the N.D.P.S.Act
B.A. No. 5341/2009
2
provides that where the Public Prosecutor opposes the Bail
Application, bail can be granted to the accused only if the court is
satisfied that there are reasonable grounds for believing that the
accused persons are not guilty of the offence alleged and that
they are not likely to commit any offence while on bail.
6. In the facts and circumstances of the case, I am not
satisfied that there are reasonable grounds for believing that the
petitioners are not guilty of the offence alleged. It is also not
possible to say that the petitioners are not likely to commit any
offence while on bail.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T. SANKARAN, JUDGE
scm