IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3390 of 2011() ----------------------------------------- CRIME NO.427/2001 OF THALASSERI POLICE STATION. ................ PETITIONER/ACCUSED ---------------------------------- ABDUL NASAR, PALORA, CHIRAKULATHU VEEDU, P.O.MAMBURAM, THALASSERI. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.C.M. CHARISMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs N.K.BALAKRISHNAN, J. ----------------------------------- B.A. No. 3390 OF 2011 --------------------------------------- Dated this the 13th day of May, 2011 ORDER Petitioner is the accused in Crime No.427/2001 of Thalasseri Police Station. It was registered under Section 20(b)(i) of NDPS (Special Court) Act. This application is for pre-arrest bail. 2. The allegation is that the petitioner was found in possession of 2 Kgs of ganja. The petitioner has been absconding and the case was pending before the Court as L.P.2/2007 in SC 4/2007. 3. Since the petitioner absconded the case against him had to be transferred to the register of long pending cases after following the procedure prescribed under Sections 82 and 83 of Cr.P.C. and the case has been pending as LPC 2/07. The original case was numbered as S.C.4/2007 in Sessions Court, Thalassery. If the accused is released on bail there would be no prospect of getting him to proceed with the trial. Since the case is now pending before the Sessions Court there would be no B.A.No.3390/11 2 difficulty for the Sessions Judge to dispose of the case at the earliest, for which the presence of the accused is required. In view of the gravity of the offence and the severity of punishment with which the offender is to be visited with in case of conviction I am not inclined to grant pre-arrest bail to the accused. Hence this petition is dismissed. N.K. BALAKRISHNAN, JUDGE acd B.A.No.3390/11 3