IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 7503 of 2009 CRIME NO.3 OF 1998 OF MEENANGADI POLICE STATION SC.26/2009 of SPL. COURT (NDPS ACT CASES), VATAKARA PETITIONERS/ACCUSED --------------------------------------- GOPALAKRISHNAN, S/O.KRISHNAN, VALLATH (H), THALIKULAM, PUTHANKALLU, NEAR GOVT. U.P.SCHOOL, THRISSUR. BY ADV. SRI.C.VALSALAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY (S.H.O., MEENANGADI POLICE STATION), PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7503 OF 2009 ------------------------------------------------------ Dated this the 5th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.3 of 1998 of Meenangadi Police Station, which is now pending as SC.No.26 of 2009 on the file of the Court of the Special Judge (NDPS Act Cases), Vatakara. 2. The offence alleged against the petitioner is under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act. 3. The petitioner was released on bail on 30.8.1998. Thereafter, he did not appear before Court. He absconded. Steps under Sections 82 and 83 of the Code of Criminal Procedure were taken. The case was treated as long pending and it was numbered as L.P.No.1 of 1999. 4. It would appear that the petitioner was arrested in L.P.No.40 of 2005 on the file of the Court of the Judicial Magistrate B.A. NO. 7503 OF 2009 :: 2 :: of the First Class I, Chavakkad in Crime No.283 of 1998 of Chavakkad Police Station. When that fact was brought to the notice of the Court, a production warrant was issued. However, the custody of the petitioner could not be secured since, by that time, he was released on bail on 7.10.2009 by the Judicial Magistrate of the First Class I, Chavakkad. The production warrant was, therefore, returned. On issuing non-bailable warrant, the petitioner was arrested on 26.11.2009 and he was produced before Court. The petitioner moved for bail. That application was dismissed by the learned Sessions Judge as per the order dated 5.12.2009. It was noticed by the learned Sessions Judge that after the petitioner was released on bail in 1998, he absconded for a period of ten years. The learned Sessions Judge was not inclined to exercise the discretion to grant bail to the petitioner. 5. In the facts and circumstances of the case, I am of the view that the learned Sessions Judge was right in dismissing the Bail Application. The petitioner was released on bail in 1998. The crime was registered in 1998. Even now the case is pending only because of the fact that the petitioner did not co-operate with the Court and appear before Court. He violated the conditions of the order granting B.A. NO. 7503 OF 2009 :: 3 :: bail. At present, after the expiry of ten years, the petitioner cannot claim any discretionary relief, he having violated the conditions of the order granting bail and having abstained from appearing before Court. If the petitioner is released on bail, there is every likelihood that he may make himself scarce. For the aforesaid reasons, the Bail Applications is dismissed. (K.T.SANKARAN) Judge ahz/