IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 957 of 2010()
1. SURENDRAN, AGED 44 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.957 of 2010
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Dated this the 2nd 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 the sole accused
in Crime No.1 of 2010 of Vamanapuram Excise Range.
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 12.1.2010, while the
petitioner was travelling in a car, he was intercepted by the
Excise party. On search of the vehicle, a quantity of 1.70 kg. of
ganja was found. The petitioner was arrested on 12.1.2010 and
he was remanded to judicial custody.
4. The learned Public Prosecutor submitted that the
petitioner was involved in another NDPS case wherein the
quantity of ganja involved was small quantity. It is also pointed
out that the confession statement made by the petitioner
discloses that he is involved in two cases.
5. The learned counsel for the petitioner submitted that
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the petitioner undertakes not to commit any offence of similar
nature or to indulge in any prejudicial activity while on bail in
the present case. This undertaking is recorded.
6. Since the quantity of ganja involved is not commercial
quantity, the bar under Section 37(1)(b)(ii) of the NDPS Act will
not apply.
7. 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, the present stage of
investigation and also taking note of the aforesaid undertaking, I
am of the view that bail can be granted to the 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 Sessions Court,
Thiruvananthapuram, 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
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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
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