IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5589 of 2010()
1. BASIL BABY, S/O.BABY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/10/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.5589 of 2010
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Dated this the 26th day of October, 2010
ORDER
The order dated 22/9/2010 is recalled since such an
order granting bail was never in the contemplation of this
Court and as agreed to by both sides, the said order came to
be passed by mistake. Consequential order if any granting
bail passed by the Special Court, (NDPS) Thodupuzha shall
also stand cancelled. B.A.No.5589 of 2010 is disposed of
afresh as herein below:-
2. The petitioner, who is accused No.6 in Crime No.8
of 2009 of Excise Enforcement and Anti Narcotic Special
Squad, Kottaym for an offence punishable under Section
21 (c) of the NDPS Act, seeks anticipatory bail.
3. The learned Public Prosecutor opposed the
application.
4. Anticipatory bail cannot be granted in a case of
this nature. But at the same time, I am inclined to permit the
petitioner to surrender before the Investigating Officer for the
purpose of interrogation and then to have his application for
bail considered by the Special Judge (NDPS) having
Bail Appln.No.5589/2010
: 2 :
jurisdiction. Accordingly, the petitioner shall surrender before
the investigating officer on 11/11/2010 or on 12/11/2010
for the purpose of interrogation and recovery of incriminating
material, if any. The petitioner shall thereafter be produced
before the Special Judge (NDPS), Thodupuzha who on being
satisfied that the petitioner has been interrogated by the
police shall consider and dispose of his application for regular
bail preferably on the same date on which it is filed.
This petition is disposed of as above.
V.RAMKUMAR, JUDGE
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