IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 8112 of 2007()
1. VALSALA, AGED 39 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.AJITH MURALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/01/2008
O R D E R
R. BASANT, J.
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B.A.No. 8112 of 2007
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Dated this the 2nd day of January, 2008
O R D E R
Second application for regular bail. The petitioner, a
woman, faces allegations under the N.D.P.S. Act. She was
allegedly found to be in possession of 1.180 kgs. of ganja on
18.11.2007. She was arrested and she continues in custody from
that date. An earlier application for regular bail filed by the
petitioner was dismissed as per order dt. 10.12.07 in B.A. 7496
of 2007. Investigation is in progress. Final report has not been
filed yet.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. Merely because her husband
was earlier involved in an offence under the N.D.P.S. Act, she
has been arrayed as an accused in this crime, submits the counsel.
The petitioner, a woman, who has remained in custody from
18.11.2007 may now be enlarged on bail, prays the learned
counsel.
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3. The learned Prosecutor opposes the application. He submits
that not only the husband of the petitioner, the petitioner herself is
involved in an earlier crime under the N.D.P.S. Act, in which she was
found to transport 2 kgs. of ganja. Investigation is not complete.
Considering the nature and gravity of the offence alleged as also the
stage of investigation, the petitioner may not be enlarged on bail at this
stage, submits the learned Prosecutor.
4. Having considered all the relevant inputs, I find merit in the
opposition by the learned Prosecutor. I am satisfied that at this early
stage of investigation, the petitioner is not entitled to be released on
bail. The Investigators, in a serious crime like this, must be given
sufficient time to complete the investigation, I am satisfied.
5. This application is, in these circumstance, dismissed. But I
may hasten to observe that the petitioner shall be at liberty to move this
court or the courts below for bail again at a later stage of the
investigation, not at any rate, prior to 16.1.2008. The Investigators
B.A.No. 8112 of 2007
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shall, in the meantime, make every endeavour to arrest the co-accused
and complete the investigation.
(R. BASANT)
Judge
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