IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 72ND CHAITHRA 1930 Bail Appl..No. 2208 of 2008() ----------------------------- CRIME NO. 14/08 OF KULAMAVU POLICE STATION CRMP.54/2008 of SPL. COURT (NDPS ACT CASES), THODUPUZHA .................... PETITIONER/ 2 ND ACCUSED ----------------------------------------- SANTHAMMA, S/O.SASI, PUTHENPURACKAL HOUSE, KAKKATTUKADA BHAGOM, KANJIYAR KARA, KATTAPPANA VILLAGE. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KANJAR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2208 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 O R D E R Application for regular bail. The petitioner is the second accused. The first accused is alleged to have collected ganja and transported the same (6 kgs.) in a car. He suspected that there could be police check up enroute. He wanted to make sure that the vehicle is not checked. Therefore he requisitioned the services of the petitioner, allegedly a friend of his, to ensure save passage without search by the police. He allegedly had conveyed the purpose of the mission to the petitioner herein/A2 and she, allegedly had knowingly and with consciousness of the purpose for which her service was being requisitioned, accompanied the first accused. But the police had prior information. They were intercepted and searched. Recovery was effected. The accused were arrested and they continue in custody from 13.3.2008. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. According to the petitioner she B.A.No. 2208 of 2008 2 was offered a lift. Some amounts were due from the first accused to the second accused. It was promised that the amount shall be paid at another spot if the petitioner would accompany the first accused. It was in that bonafide impression that she accompanied the first accused in his car. She had no knowledge about the availability of the contraband article in the car or about the contumacious intention of the first accused. In any view of the matter, the petitioner, who has remained in custody from 13.3.2008, may now be enlarged on bail, it is prayed. 3. The learned Prosecutor opposes the application. He however submits that though the first accused has criminal antecedents, the petitioner is not shown to have any criminal antecedents. She is a house wife. But the learned Prosecutor submits that there is no merit whatsoever in her contention that she had without any contumacious intent accompanied the first accused. The learned Prosecutor brought to my notice the confession statements of both the accused persons. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. This is a case where the quantity B.A.No. 2208 of 2008 3 of the contraband article falls significantly below the commercial quantity prescribed under the N.D.P.S. Act. Section 37 of the Act hence have no application. I take note of the fact that the petitioner is a woman. I further take note of the fact that the petitioner is not shown to have any criminal antecedents. Subject to the requirement of affording sufficient further time to the Investigators to complete the investigation, I am satisfied, discretion under Section 439 Cr.P.C. can be exercised in favour of the petitioner. 5. 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 25.4.2008. 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. B.A.No. 2208 of 2008 4 (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) Judge tm