IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Bail Appl..No. 3044 of 2008() ----------------------------- CRIME NO.45/2008 OF VELLATHOOVAL POLICE STATION PETITIONERS/ACCUSED NOS. 1 AND 2 ------------------------------------------------ 1. SIJO, S/O.KURIAKOSE, CHANDANAKUZHIYIL HOUSE, RAJAKKADU KARA, RAJAKKADU VILLAGE. 2. ARUN @ KIRAN, S/O.BABY, CHERUTHANICKAL HOUSE, RAJAKKADU KARA, RAJAKKADU VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF VELLATHOOVAL POLICE STATION. BY PUBLIC PROSECUTOR SRI.P.VIJAYA BHANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3044 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2008 O R D E R This application is filed under section 439 Cr.P.C. 2. Petitioners are accused 1 and 2 in Crime No.45/2008 of Vellathooval Police Station registered under section 20(b)(ii)(C) of the the Narcotic Drugs and Psychotropic Substances Act, 1985. According to the prosecution, the petitioners along with others were transporting 30.5 k.gms. of ganja and they were arrested on 7-2-2008 from the spot and accused 3 and 4 ran away. The petitioners who are first and second accused were in the first seat of the vehicle whereas the third and fourth accused and the ganja were found at the back seat. Accused 3 and 4 escaped. 3. The application is opposed by the learned Public Prosecutor. He submits that if the petitioners are released on bail, it will not be possible to arrest accused 3 and 4 and it will adversely affect investigation. 4. On hearing both sides, I find that this is not a fit case to grant bail. Hence, the application is dismissed. K. HEMA, JUDGE. mn.