Koshy, J.

This bail application was referred to the Division Bench, as the learned Single Judge disagreed with some of the observations contained in the Judgment of a learned Single Judge of this Court reported in Jiju Maran v. Narcotic Control Bureau 2004 (2) K.L.T. 690. In paragraph 5 of the above decision it is held as follows:

"5. In S.57 of the Act it is said that when the Public Prosecutor opposes the application accused can be released on bail if the Court is satisfied that there are reasonable ground for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. Intention of the Legislature is not to give the Public Prosecutor the power to decide whether bail has to be granted to the accused or not. if S.37 of the Act is interpreted to mean that when the Public Prosecutor says that granting of bail it opposed, the Court cannot grant bail exercising its power of discretion that would have the effect of saying that the Public Prosecutor is the Authority to decide whether bail has to be granted or refused to an accused. Power to decide whether bail has to be granted or refused to an accused is always with the Cour