IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2164 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.290/2008 CRMP.504/2008 of D.C & SESSIONS COURT,TRIVANDRUM (OR NO. 2/07 OF NARCOTIC CONTROL BUREAU, REGIONAL INTELLIGENCE UNIT, THIRUVANANTHAPURAM) .................... PETITIONER/ACCUSED NO.2: ---------------------------------------- ARUL MARSHALAIN, AGED 29 YEARS, S/O.SHRI JAMES, INDIAN NATIONAL NAGAR KULAM, RAMANUJAMPUDOOR POST, DIST. THIRUNELVELI, TAMIL NADU. BY ADV. SMT.GEETHA JOB(OZHUKAYIL) SMT.ZEENA S.FERNANDEZ SRI.SURESH WILFRED RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, REGIONAL INTELLIGENCE UNIT, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR /- SRI.C.P.UDAYABHANU SC, NCB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2164 OF 2008 A ```````````````````````````````````````````````````` Dated this the 11th day of April, 2008 O R D E R Application for regular bail. Petitioner faces allegations in a crime registered under the NDPS Act. There are three accused persons. Petitioner is the 2nd accused. The alleged incident took place on 22.10.07. The crux of the allegations against the petitioner is that he, along with A3, was engaged in the act of handing over 365 gms of heroin to the 1st accused for the purpose of being carried out of India to Mali. After the arrest, subsequent search of the premises of the 3rd accused led to the recovery of further quantity of heroin. The petitioner continues in custody from 22.10.07. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has been continuing in custody from 22.10.07. He may now be enlarged on bail, it is prayed. BA.2164/08 : 2 : 3. In the wake of the opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner only if this court is in a position to entertain the twin satisfactions under Section 37 of the Act. I do not find any circumstances which can persuade this court to entertain either of those two satisfactions at the moment. I am satisfied that this petition deserves to be dismissed now. 4. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court or the courts below for bail at a later stage of the investigation, not at any rate, prior to 25.4.08. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks