IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8112 of 2007() ----------------------------- CRIME NO. 859/07 OF PATHANAMTHITTA POLICE STATION PETITIONER : ACCUSED: ------------------------- VALSALA, AGED 39 YEARS, W/O.BHAGYANATHAN THAMPY, KAITHAMOOTTIL PUTHEN VEETTIL, PUTHEN PEEDIKA MURI, OMALLOOR VILLAGE, PATHANAMTHITTA. BY ADV. SRI.AJITH MURALI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 8112 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2008 O R D E R Second application for regular bail. The petitioner, a woman, faces allegations under the N.D.P.S. Act. She was allegedly found to be in possession of 1.180 kgs. of ganja on 18.11.2007. She was arrested and she continues in custody from that date. An earlier application for regular bail filed by the petitioner was dismissed as per order dt. 10.12.07 in B.A. 7496 of 2007. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Merely because her husband was earlier involved in an offence under the N.D.P.S. Act, she has been arrayed as an accused in this crime, submits the counsel. The petitioner, a woman, who has remained in custody from 18.11.2007 may now be enlarged on bail, prays the learned counsel. B.A.No. 8112 of 2007 2 3. The learned Prosecutor opposes the application. He submits that not only the husband of the petitioner, the petitioner herself is involved in an earlier crime under the N.D.P.S. Act, in which she was found to transport 2 kgs. of ganja. Investigation is not complete. Considering the nature and gravity of the offence alleged as also the stage of investigation, the petitioner may not be enlarged on bail at this stage, submits the learned Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I am satisfied that at this early stage of investigation, the petitioner is not entitled to be released on bail. The Investigators, in a serious crime like this, must be given sufficient time to complete the investigation, I am satisfied. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 16.1.2008. The Investigators B.A.No. 8112 of 2007 3 shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) Judge tm