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. 1725 of 2008() ----------------------------- CRIME NO. 135/08 OF KOLLAM EAST POLICE STATION CRMP.606/2008 of D.C. & SESSIONS COURT,KOLLAM .................... PETITIONER/ACCUSED: ------------------------------------ JAYAPRAKASH @ PRAKASH, S/O. DIVAKARAN, AKKU BHAVAN, NETHAJI NAGAR 169, CANAL PURAYIDOM, MUNDAKKAL WEST WARD, UDAYAMARTHANDAPURAM CHERRY, MUNDAKAL, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR, KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE 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. 1725 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under the N.D.P.S. Act. He was allegedly found to be in possession of 1.2 kgs. of ganja on 2.2.2008. He was arrested and he continues in custody from that date. 2. The quantity of the contraband article seized is neither small quantity nor commercial quantity. Section 37 of the N.D.P.S. Act does not hence have no application. However, the learned Prosecutor submits that this is not a fit case where discretion under Section 439 can or ought to be invoked in favour of the petitioner. The learned Prosecutor submits that the State has no objection in regular bail being granted to the petitioner after conceding the Investigators the full complement of 60 days to complete the investigation 3. I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. B.A.No. 1725 of 2008 2 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 2.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He 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) He shall make himself 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 from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm