IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Bail Appl..No. 2938 of 2010() ----------------------------- (CRIME NO.01/2006 OF EXCISE RANGE, KOLLAM) PETITIONER/1ST ACCUSED: -------------------- T.REGHU S/O.THANKAPPAN,VISHNU BHAVANAM,PALLICKAL DESOM MYLAM VILLAGE,KOTTARAKKARA TALUK,KOLLLAM. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): 1 ---------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE INSPECTOR KOLLAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 2938 of 2010 --------------------------------------------------- Dated this 18th day of May, 2010. ORDER Petition for bail. 2. Petitioner is the first accused in the crime. The alleged offence is under Section 20(b)ii(c) of the NDPS Act. According to prosecution, on 29.1.2006 at about 8.30 p.m. petitioner along with 2nd accused was found carrying 34.1 kg of ganja near Kollam Railway Station. 3. Learned counsel for petitioner submitted that petitioner was arrested after four years on 27.3.210 and he is in custody for the past more than 45 days. 4. Learned Public Prosecutor opposes this bail application and submits that petitioner was absconding for a period of about 4 years and he was in possession of 34. 1kg of ganja. The trial has not been commenced so far, it is submitted. 5. On hearing both sides, I am satisfied, in case bail is granted, it is likely that petitioner may not be available for trial and hence, it is not fit to grant bail to petitioner at this stage. Petition is dismissed. K. HEMA, JUDGE. krs.