IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6126 of 2009() ------------------------------------- CRIME NO. 3/2009 OF KARUNAGAPALLY EXCISE RANGE .................... PETITIONERS/ACCUSED NOS. 1-4: ---------------------------------------------- 1. SIBI, AGED 30 YEARS, S/O. SASI THEKKEKUZHIKKATTU VEEDU, VIII MILE MURI UDUMPANCHOLA TALUK, IDUKKI DISTRICT. 2. BINOY GEORGE, AGED 34 YEARS, S/O. GEORGE VALUMMEL VEEDU, CHAKKUPALLAM MURI, ANAKKARA VILLEGE, UDUMPANCHOLA TALUK, IDUKKI DIST. 3. SIBI JOSEPH, AGED 32 YEARS S/O. JOSEPH, THUNGUMTHOTTATHIL VEEDU, PONNAMALA MURI, KALKOONTHAL VILLEGE UDUMPANCHOLA TALUK, IDUKKI DISTRICT. 4. SASI, AGED 47 YEARS, S/O. NARAYANAN MUNDAPPALLIL VEEDU, RAJAKKADU VILLEGE UDUMPANCHOLA TALUK, IDUKKI DISTRICT BY ADVS. SRI.P.K.VARGHESE SMT.MAYA ANTHARJANAM SRI.K.S.ARUN KUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6126 of 2009 ------------------------------------ Dated this the 26th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No. 3/2009 of Karunagapally Excise Range. 2. The offences alleged against the petitioners are under Sections 21 (c) and 29 (1) of the Narcotic Drugs and Psychotropic Substances Act. 3. The petitioners were arrested on 27.04.2009. It is submitted that they are in judicial custody for more than 180 days. No final report is filed so far, submits the counsel. It is also submitted that no report is also filed for extension of the period of 180 days as mentioned in the proviso to Sub Section 4 of Section 36-A of the Narcotic Drugs and Psychotropic Substances Act. 4. The counsel for the petitioners submitted that the petitioners are entitled to default bail under Section 167 (2) of the Code of Criminal Procedure. B.A. No. 6126 of 2009 2 5. Reserving the liberty of the petitioners to move the Sessions Court, Kollam for default bail under Section 167(2) of the Code of Criminal Procedure, the Bail Application is closed. When an application is filed by the petitioner for default bail, the learned Magistrate shall dispose of the same in accordance with law. K.T. SANKARAN, JUDGE ln