IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3044 of 2008()
1. SIJO, S/O.KURIAKOSE,
... Petitioner
2. ARUN @ KIRAN, S/O.BABY,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :26/05/2008
O R D E R
K. HEMA, J.
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B.A.No. 3044 of 2008
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Dated this the 26th day of May, 2008
O R D E R
This application is filed under section 439 Cr.P.C.
2. Petitioners are accused 1 and 2 in Crime No.45/2008 of
Vellathooval Police Station registered under section 20(b)(ii)(C) of the the
Narcotic Drugs and Psychotropic Substances Act, 1985. According to the
prosecution, the petitioners along with others were transporting 30.5 k.gms.
of ganja and they were arrested on 7-2-2008 from the spot and accused 3
and 4 ran away. The petitioners who are first and second accused were in
the first seat of the vehicle whereas the third and fourth accused and the
ganja were found at the back seat. Accused 3 and 4 escaped.
3. The application is opposed by the learned Public Prosecutor. He
submits that if the petitioners are released on bail, it will not be possible to
arrest accused 3 and 4 and it will adversely affect investigation.
4. On hearing both sides, I find that this is not a fit case to grant
bail.
Hence, the application is dismissed.
K. HEMA,
JUDGE.
mn.