IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 Bail Appl..No. 7380 of 2011() ----------------------------- CRL.M.P.254/11 IN LP 1/04 IN SC(NDPS)NO.23/2011 of SPECIAL COURT (NDPS ACT CASES), THODUPUZHA. CRIME NO.449/03 OF THE PALA POLICE STATION SUBSEQUENTLY REGISTERED AS CRIME NO.130/CR94 OF CBCID NARCOTIC AND ECONOMIC OFFENCE CELL, TRIVANDRUM. .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- MOHAN SINGH @ SONAR, S/O. PREM SINGH, ADRESH MIDI MANDAL, ROOM NO.273(6) YOUNG CORNITE GUDAYATH HILL, ANDHERI EAST, BOMBAI-69. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.MR.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.7380 of 2011 ---------------------------------------------------- Dated this the 20th day of September, 2011 Order The petitioner is the third accused, among the six accused in Crime No.449/1993 of the Pala Police Station which was later renumbered as Crime No.130/CR94 of CBCID Narcotic and Economic Offence Cell, Trivandrum. The allegation is that the petitioner/3rd accused was caught red-handed along with other co-accused persons with 365 gms. of Charus and 192 gms. of brown sugar in a tourist home in Pala on 18.11.1993 at 1 PM. The petitioner was granted bail earlier, but he jumped the bail. He did not appear before the court on receipt of summons. The trial Judge took coercive steps after following the procedure under Sections 82 and 83 Cr.P.C. Proceedings were also initiated against the sureties of the accused. Even thereafter the accused and the sureties did not appear. The petitioner was thereafter arrested on 23.8.2011 and was produced before the learned trial Judge. The learned Sessions Judge, after considering the matter in detail, dismissed the bail application filed by the petitioner. The fact that the accused absconded and successfully evaded and thwarted the process of law for a period of more than 7 years BA 7380/2011 2 was taken into consideration by the learned Sessions Judge not to release the accused on bail. 2. The learned counsel for the accused would submit that the petitioner will abide by any condition that may be imposed by this court. The counsel would also submit that the petitioner will co-operate for an early disposal of the case. But based on such submissions, the accused cannot be now granted bail. He belongs to Bombay. If released on bail, if he again absconds, it will not be possible for the court to dispose of the case. After he absconded earlier, he could be arrested only after about 7 years. The learned Sessions Judge will expedite the trial. If other accused are not present/produced, the learned Sessions Judge can think of splitting up the case against the other accused, to dispose of the case against this accused expeditiously. It is not proper to release the accused on bail since that would again thwart the trial and natural culmination of the case on merits. I find no reason to grant bail to the petitioner. Hence, the Bail Application is dismissed. N.K.BALAKRISHNAN, JUDGE. srd BA 7380/2011 3 BA 7380/2011 4