Kerala High Court
Muthukumar vs Station House Officer on 8 February, 2008
Author: R. Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 752 of 2008()
1. MUTHUKUMAR,S/O. RAMABOYAN,AGED 27
... Petitioner
2. PAZHANI, S/O. MAYANDI
3. SELVAN, S/O. VASU
Vs
1. STATION HOUSE OFFICER
... Respondent
For Petitioner :SRI.P.NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :08/02/2008
O R D E R
R. BASANT, J.
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B.A.No. 752 of 2008
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Dated this the 8th day of February, 2008
O R D E R
This is the third application for regular bail filed by the petitioners, who face allegations under the N.D.P.S. Act. They remain in custody from 26.10.2007 on the allegation that they were found to keep in their possession ganja exceeding 31 kgs. that exceeds the commercial quantity prescribed. Investigation is in progress. Final report has not been filed yet.
2. The learned Prosecutor submits that the Investigators need some further time to complete the investigation. He further submits that in so far as the first accused is concerned, his address has not been correctly ascertained so far. The investigator has reasons to believe that the details furnished by the first accused are not correct and the police are being taken for a ride by the first accused by giving incorrect address and details. The first petitioner may be directed to furnish the correct address and details and the Investigators may be given reasonable further B.A.No. 752 of 2008 2 time to verify those details and make appropriate further submissions.
3. In the wake of opposition by the Public Prosecutor, regular bail can be granted to the petitioners only if this court is in a position to entertain both the satisfactions contemplated under Section 37 of the N.D.P.S. Act. In the facts and circumstances of this case, I am unable to entertain either of those satisfactions. I am, in these circumstances, satisfied that the opposition by the Prosecutor appears to be justified as the prosecution is entitled to further time to confirm the details about the first accused furnished by him.
4. The learned counsel for the petitioners offers that all relevant details of the first accused i.e. name, details of residence etc. shall be furnished to the Investigating Officer within a period of three days from today and the learned Prosecutor submits that the Investigating Officer may be given 15 days further time to complete the investigation if the petitioners would furnish the details of the first accused within three days. I am satisfied that the petitioners do not deserve to be enlarged on bail at this stage.
B.A.No. 752 of 2008 3
5. This application is accordingly dismissed with the observation that the petitioners must furnish the details of the first accused within three days to the Investigating Officer and the Investigating Officer must make every endeavour to complete the investigation within 15 days. I may hasten to observe that the petitioners shall be at liberty to move the court for bail again at a later stage of the investigation, not at any rate, prior to 22.2.2008.
(R. BASANT) Judge tm