IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl..No. 2219 of 2009() ----------------------------- SC.33/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER/ACCUSED: ---------------------------- CHANDRAN, S/O.AYYAPPAN, KUZHIVELIYIL HOUSE, CHETTAPALAM P.O., KAPPISET, PULPALLY, WAYANAD DISTRICT, (NOW RESIDING AT 'MOHANAM' POOPARAMBA, MAKKADA AMSOM). BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ------------------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ELATHUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------------------- Bail Application No.2219 OF 2009 ----------------------------------------------------- DATED THIS THE 8th DAY OF MAY, 2009 O R D E R The accused in S.C.No.33/2008 on the file of the court of Special Judge(NDPS Act Cases), Vadakara is the petitioner herein. It emanates from Crime No.77/08 of Elathur Police Station, alleging commission of offence under Section 21(c) of the NDPS Act. According to the prosecution, on 26.2.2008 at about 18.05 hrs., the accused was found in possession of 278.5 gms of brown sugar. The petitioner was arrested on 26.2.2008 and since then, he is under judicial custody. This petition for bail has been filed in the said circumstances. 2. A perusal of Annexure I order rejecting the bail undoubtedly show that it contains nothing calling interference of this case. However, the learned counsel for the petitioner submits that the trial court has sent the contraband articles for quantitative analysis. It is submitted that it may take a considerably long time and therefore, it would be hard and harsh for the petitioner to remain behind the bars, till the receipt of the B.A.No.2219/09 -2- analysis report and at least, he may be given the liberty of freedom considering the said aspect. 3. Considering the fact that the petitioner has been under judicial custody since 26.2.2008 and in the circumstances that has stated by the learned counsel for the petitioner it may take considerably long time to commence and conclude the trial, I think the request of the petitioner can be considered. The order of the trial court at Annexure A1 is interfered with for a limited purpose in the aforesaid peculiar circumstances. The contraband articles have been sent for analysis and report may not reach the court in near future. Taking into account the said facts, fresh orders may be passed by the learned Special Judge, Court of the Special Judge (NDPS Act Cases), Vadakara as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this order. Send a copy of this order to the concerned court. C.T.RAVIKUMAR, JUDGE. dsn