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M.M.PAILI, AGED ABOUT 50 YEARS versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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M.M.PAILI, AGED ABOUT 50 YEARS v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 4044 of 2007 [2007] RD-KL 12175 (5 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4044 of 2007()

1. M.M.PAILI, AGED ABOUT 50 YEARS,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

For Petitioner :SRI.MURUGAN P.V.

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :05/07/2007

O R D E R

R.BASANT, J

B.A.No.4044 of 2007

Dated this the 5th day of July, 2007

ORDER

Application for regular bail. The petitioner faces allegations under the provisions of the N.D.P.S Act. He was allegedly intercepted when he was keeping in his possession and transporting 1.6 kg. of ganja on 21.05.2007. He continues in custody from that date. The learned counsel for the petitioner prays that the petitioner may be enlarged on bail. He has no criminal antecedents, it is submitted.

2. The learned Public Prosecutor opposes the application. Though the petitioner is not arrayed as an accused in any previous crimes, it is the conclusion of the prosecution that the petitioner is responsible for distribution of ganja in the locality, submits the learned Public Prosecutor. The petitioner may not be enlarged on bail at this early stage of investigation, submits the learned Public Prosecutor.

3. I find merit in the opposition by the learned Public Prosecutor. The quantity of ganja seized is neither a commercial quantity nor small quantity. Investigation is not complete. I am, in these circumstances, satisfied that the Investigator must be given reasonable further time to complete the investigation. The petitioner cannot be granted bail at this early stage. B.A.No.4044 of 2007 2

4. In the result, this bail application is dismissed, but I may hasten to observe that the petitioner shall be at liberty to move this Court again at a later stage of investigation, not at any rate, prior to 13.07.2007. The Investigator shall in the meantime make every endeavour to complete the investigation.

(R.BASANT, JUDGE)

rtr/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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