IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Bail Appl..No. 3294 of 2008() ----------------------------- (CRIME NO.1/2008OF KUTTIPURAM EXCISE RANGE) PETITIONER/ACCUSED ----------------------------------- MOIDEENKUTTY, S/O.AHAMMED, NEDIYODATH HOUSE, THIRUNAVAYA PANCHAYATH, ANANDAVOOR VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) SRI.SAJU.S.A RESPONDENTS: STATE ------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (KUTTIPURAM EXCISE RANGE CRIME NO.1/08). BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3294 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2008 O R D E R This application is under section 439 of Cr.P.C. 2. Heard. The alleged offence is under section 20(b)(ii)(B) of the the Narcotic Drugs and Psychotropic Substances Act, 1985 . The article involved is 3.5 kgm. Of ganja. The petitioner was arrested along with the contraband article on 26-3-2008. Petitioner is in custody for the past 60 days. Hence, it is submitted that he is entitled for statutory bail. 3. The learned Public Prosecutor, on instructions, submits that the investigation is not completed. In the facts and circumstances, I am of the view that there is no ground to refuse bail, since he is in custody for 60 days. The petitioner is released on bail on the following conditions: 1. The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the court below. 2. The petitioner shall report before the Investigating Officer between 9 a.m. and 1 p.m. on every Monday until further orders. BA 3294/08 -2- 3. The petitioner shall not get involved any offence in similar nature and if he does so, the bail granted to him is liable to cancelled. This application is allowed as above. K. HEMA, JUDGE. mn.