IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Bail Appl..No. 6222 of 2009 O.R.NO.1 OF 2009 OF THE DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT PETITIONER/ACCUSED -------------------------------------- BINOY K.JOSEPH @MOHAMMED IQBAL, S/O.JOSEPH, KODIYAMKUNNEL HOUSE, KARIKKUNNAM PO, THODUPUZHA, IDUKKI, NOW RESIDING AT DOOR NO.3/526 MARATHANI, PADAPPAMKUNNU, THRIKKALANGODE PANCHAYATH, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- THE DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SPECIAL PUBLIC PROSECUTOR SOR NDPS ACT CASES SRI.C.P.UDAYABHANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6222 OF 2009 ------------------------------------------------------ Dated this the 1st day of February, 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 O.R.No.1 of 2009 of the Directorate of Revenue Intelligence, Calicut. 2. The offences alleged against the petitioner are under Sections 270(b)(ii)(C), 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. The petitioner had filed B.A.No.4791 of 2009, which was dismissed by the order dated 9.9.2009. It is submitted by the learned Special Prosecutor that the case is now pending as SC.No.29 of 2009 on the file of the Special Court for NDPS Act Cases, Vadakara. The case was posted for trial on 19.1.2009. On that day, the counsel for the petitioner herein was not present and on his request, the case was adjourned to 17.2.2009. It is submitted that the trial will commence on 17.2.2009. B.A. NO. 6222 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the fact that the case was posted for trial to 19.1.2009 and it was adjourned at the request of the counsel for the petitioner and also the fact that the case is now posted for trial on 17.2.2009, I am of the view that it is not proper to release the petitioner on bail at this stage. If the petitioner is released on bail, there is every likelihood of the petitioner absconding and making himself scarce. In the nature of the offences involved, it is necessary to have a speedy trial of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/