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. 2388 of 2008() ------------------------------------------- (CRIME NO.3/08 OF EXCISE – ENFORCEMENT AND ANTI NARCOTIC CELL, (SPECIAL SQUAD),ERNAKULAM) .......................................... PETITIONERS/ACCUSED NO.1 & 2: ----------------------------------------------------- 1. K.N.SURESH S/O.NARAYANAN, AGED 48, KIZHAKKENJALIL HOUSE, VENDUVAZHY, VILAYAL KARA, KOTHAMANGALAM. 2. VASU, S/O.NEELAKANDAN, AGED 36, KIZHAKKENJALIL HOUSE, VENDUVAZHY VILAYAL KARA, KOTHAMANGALAM. BY ADV. SRI.JAIJI ITTEN RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF EXCISE, ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, ERNAKULAM. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- B.A.No.2388 of 2008 ---------------------------------------- Dated this the 29th day of April 2008 O R D E R Application for regular bail. The petitioners face allegations under the NDPS Act. They were allegedly found to be in possession of Ganja exceeding 4 Kgs. They have criminal antecedents also allegedly. They were arrested on 27/2/2008. They continue in custody from that date. Investigation was not completed. Final report has not been filed so far. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners are now entitled for bail by default under the proviso to Section 167(2) Cr.P.C. Appropriate conditions can of course be imposed. 3. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: i) They shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No./08 2 B.A.No./08 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007