IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1504 of 2008() ----------------------------- CRMP.154/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.1/2008 OF KUNNAMANGALAM EXCISE RANGE .................... : PETITIONER/ACCUSED: ------------------------- BIJU, S/O.VASU, KANIKKOTTUMMAL HOUSE, MAKKADA, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE EXCISE INSPECTOR, KUNNAMANGALAM EXCISE RANGE. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1504 of 2008 ---------------------------------------- Dated this the 19th day of March 2008 O R D E R Application for regular bail. The petitioner faces allegations under the N.D.P.S.Act. He was allegedly found to be in possession of 500 grams of Hashish oil on 28/1/2008. He was arrested on that day and continues in custody. Investigation is not complete. Final report has not been filed. The learned Public Prosecutor reports that there is no prospect of the final report being filed by 28/03/2008, on which day, the petitioner will be entitled for bail by default. The learned Public Prosecutor, in these circumstances, submits that subject to appropriate conditions, regular bail can be granted to the petitioner. It is conceded that the quantity involved in the case is neither small quantity nor commercial quantity. I am satisfied that the petitioner can be granted bail subject to appropriate conditions. 2. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: B.A.No.1504/08 2 i) The petitioner shall not be released on bail on the strength of this order prior to 28/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall make himself 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 from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.1504/08 3 B.A.No.1504/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007