IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 32 of 2008() --------------------------- CRIME NO. 464/07 OF KOTTAKKAL POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.7515/2007 Dated 07/12/2007 .................... PETITIONERS/ACCUSED NOS.1 TO 3: ------------------------------------------------ 1. MUTHUKUMAR, S/O. RAMA BOYAN, AGED 27, ARUN NAGAR, THODIYANNUR, COIMBATORE, TAMIL NADU. 2. PAZHANI, S/O. MAYANDI, AGED 40, PULAKATHEVAR THERU, KAMBAM, THENI DISTRICT, TAMIL NADU. 3. SELVAN, S/O. RASU, AGED 27 YEARS, DOOR NO.72, ANDIPPETTY LOADING WORK THENI DISTRICT, TAMIL NADU. BY ADV. SRI.P.NARAYANAN RESPONDENTS: ------------- STATION HOUSE OFFICER, KOTTAKKAL POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 32 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2008 O R D E R Second application for regular bail. The petitioners face allegations under the N.D.P.S. Act. They were allegedly found to keep in their possession 31.150 kgs. of ganja on 26.10.2007. The petitioners were arrested and they continue in custody from that date. An earlier application for regular bail filed by them was dismissed by this Court as per order dt.7.12.07 in B.A.No. 7515 of 2007. The petitioners reiterate their prayer for grant of regular bail. 2. The learned Prosecutor opposes the application. He submits that the investigation is not complete. The offence alleged is grave and serious. The quantity exceeds the quantity prescribed as commercial quantity under the N.D.P.S. Act. The learned Prosecutor submits that the State is obliged to oppose the application even now considering all the relevant circumstances of the case. B.A.No. 32 of 2008 2 3. I have considered all the relevant inputs. In the wake of opposition by the Public Prosecutor regular bail can be granted to the petitioner only if this court is in a position to entertain both the satisfactions contemplated under Section 37 of the N.D.P.S. Act. In the facts and circumstances of this case, I am unable to entertain either of those satisfactions. I am, in these circumstances, satisfied that this petition only deserves to be dismissed. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioners shall be at liberty to move the court for bail again at a later stage of the investigation, not at any rate, prior to 21.1.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm