IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2659 of 2008() ----------------------------- CRIME NO. 117/08 OF KUTHUPARAMBA POLICE STATION CRMP.279/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER/ACCUSED NOS.2 AND 3 ----------------------------------------------- 1. ASSNAPURATH USMAN, S/O.IBRAHIM, KUNHIPALLI, PUZHATHI. 2. CHOYIMADATHIL ASHRAF, S/O.AHAMMED, THAYATHERU, KANNUR. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: RESPONDENT COMPLAINANT ----------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KUTHUPARAMBA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2659 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 O R D E R Application for regular bail. The petitioners are accused 2 and 3. Altogether there are three accused persons. They face allegations under the N.D.P.S. Act. Altogether there were 3.550 kgs. of ganja, 1.25 kgs., 1.15 kgs. And 1.15 kgs., with each of the three accused. They were arrested on 31.3.2008 with the contraband article. They continue in custody from that date. They were allegedly carrying the contraband article in an autorikshaw. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They were innocent passengers in an autorikshaw. They cannot be attributed with possession of the contraband article. 3. The learned Prosecutor refutes the said contention, but concedes that the State has no objection in regular bail being granted to the petitioners on condition that the Investigators are B.A.No. 2659 of 2008 2 given some further time to complete the investigation. I am satisfied that regular bail can be granted to the petitioners subject to conditions, which can be imposed in the interests of an expeditious and proper investigation. At the moment I find no merit in the contention of the petitioners that they were not in possession of the contraband article. 4. In the result: 1) This application is allowed. 2) The petitioners shall be released on bail on the following terms and conditions. a) The petitioners shall not be released from custody on the strength of this order prior to 9.5.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months from the date of their B.A.No. 2659 of 2008 3 release and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm