IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1640 of 2008() ----------------------------- CRIME NO. 25/08 OF PETTAH POLICE STATION CRMP.278/2008 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- GRACY @ SINDHU, D/O.ELSA, T.C.59/1669, ATTUVARAMBIL VEEDU, CHAKKAI, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1640 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R Application for regular bail. The petitioner, a woman, faces allegations under the N.D.P.S. Act. She was found to be in possession of less than small quantity i.e. 325 mgs. of brown sugar and 1.030 kgs. of ganja on 19.1.2008. Ganja possessed is also only intermediate quantity. She continues in custody from 19.1.2008. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. She may be enlarged on bail, it is prayed. 3. The learned Prosecutor does not oppose the application. He submits that the investigation is not complete. There is no prospect of the final report being filed in the near future. At any rate, the petitioner is entitled for bail by default under Section 167(2) Cr.P.C. w.e.f. 19.3.2008. The prosecution has no objection in bail being granted to the petitioner subject to appropriate conditions w.e.f. 19.3.2008. I am satisfied that the B.A.No. 1640 of 2008 2 petitioner can now be directed to be released on bail subject to appropriate conditions. 4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 19.3.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) She shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) She shall make herself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) tm Judge B.A.No. 1640 of 2008 3