IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1553 of 2008() ----------------------------- CRIME 23/08 OF NADAKKAVU POLICE STATION PETITIONER/ACCUSED ----------------------------------- MANAF, S/O. ABDULLA, PULIKKALKUNNEL HOUSE, KANTHALAD AMSOM DESOM, THALAYAD P.O., KOYILANDY TALUK. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, NADAKKAVU. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1553 OF 2008 F ```````````````````````````````````````````````````` Dated this the 12th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the NDPS Act. 6.500 grams of brown sugar was allegedly found in his possession on 17.1.08. He was arrested and continues in custody from that date. An earlier application for regular bail filed by the petitioner was dismissed by this Court as per order dated 18.2.08 in BA.905/08. 2. Investigation is not complete. Final report has not been filed. There is no prospect that the final report is being filed before 17.3.08, submits the learned Public Prosecutor. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner, who is entitled for bail by default with effect from 17.3.08, can now be directed to be released on bail with effect from that date. In the absence of opposition by the learned Public Prosecutor, I am not BA.1553/08 : 2 : adverting to the facts in any greater detail in this order. 4. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 17.3.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand 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 three 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) aks