IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Bail Appl..No. 1830 of 2011() ----------------------------- SC.502/2010 of ADDITIONAL DISTRICT COURT (ADHOC-I), ERNAKULAM CRIME NO. 1393/2010 of E.T. NORTH POLICE STATION, ERNAKULAM .................... PETITIONERS/ACCUSED:- -----------------------------9- 1. SUBHASH MANDAL @ RAHUL, S/O. SUSHEEL MANDAL,DHANTALA, KANCHANA POST, ISLAMPUR PS, DTTAR DINAJPUR DIST, WEST BENGAL. 2. KARNA GOYALA @ AJAY,S/O. KRISHTA GOYALA, BILATI BARI VILLAGE, NEAR BILTI BARI PRIMARY SCHOOL, DOLANI.P.O., UTTAR DINAJPUR DIST. WEST BENGAL. BY ADV. SRI.P.A.MUJEEB RESPONDENT/ RESPONDENT/COMPLAINANT:- ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No. 1830 of 2011 ..................................................... Dated this the 28th day of March, 2011. ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.1393 of 2010 of E.T. North Police Station, Ernakulam for an offence punishable under Section 20(b)(II)(B) of NDPS Act, seek their enlargement on bail. The petitioners were arrested on 19.07.2010. 2. The learned Public Prosecutor opposed the application contending inter alia that both the accused belong to West Bengal and if released on bail, they will flee from justice. 3. This Court called for a report from the Addl. Sessions Court (Adhoc-I), Ernakulam where the case is pending trial as S.C. No. 502 of 2010. The trial Judge has promised to expedite the trial and finish the case by the end of next month. 4. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioners, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioners, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the petitioners are released on B.A. No. 1830/2011 -:2:- bail, they will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioners making themselves scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioners at this stage. This petition is accordingly dismissed. sd/- V. RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.