IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Bail Appl..No. 7351 of 2010() --------------------------------------- ( CRIME NO.1393/10 OF ERNAKULAM TOWN NORTH POLICE STATION IN SC.NO.502/10 ON THE FILE OF SESSIONS COURT (AD-HOC-1) ERNAKULAM) ----------------- PETITIONER/ACCUSED NO.1 ----------------------------------------- RAHUL ALIAS SUBHASH MANDAL, AGED 21 YEARS, S/O. SUSEEL MANDAL, SOUTH HASNA VILLAGE, UTTARDINAZPUR, WEST BENGAL. BY ADV. SRI.V.A.NAVAS RESPONDENT(S): ------------------------- STATE OF KERALA, REP. BY GOVT. PLEADER, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.S.HRITHIWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. .................................................... Bail Application No.7351 of 2010 ..................................................... Dated this the 19th day of November, 2010. ORDER Petitioner, who is the 1st accused in S.C. No. 502 of 2010 on the file of the Sessions Court (Adhoc-I), Ernakulam for an offence punishable under Section 20(b)(II)(B) of the NDPS Act, seeks his enlargement on bail. The occurrence took place on 19.07.2010. The petitioner was arrested on 19.07.2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is also involved in yet another case under the N.D.P.S Act involving brown sugar and the present case is now pending before the Additional Sessions Court (Adhoc-I), Ernakulam as S.C. No. 502 of 2010 and that the petitioner being a native of West Bengal will make himself scarce and he will not be available for trial if released on bail. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of B.A. No. 7351/2010 : 2 : the case, I am of the view that if the petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage. This petition is accordingly dismissed. V. RAMKUMAR, (JUDGE) rv