Petitioner is the 4th accused in O.R. No.11 of 2005 of the Edavana Forest Range office for the offence punishable under Secs.20(a) and (b) of the NDPS Act, 1985, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that the case is now pending in the Special Court (for trial of NDPS Act cases), Vadakara as S.C. No.24 of 2014. It is also submitted that accused nos.1 and 2 were tried and convicted but the petitioner was not available for trail.
3. I have heard the learned Senior advocate also.
4. Having regard to the nature of allegations made, request for pre arrest bail cannot be allowed. Petitioner can surrender before the learned Special Judge and seek regular bail.
Bail Appl. No.3439 of 2014 2 The application is disposed of as under.
1. Petitioner shall surrender in S.C. No.24 of 2014 pending before the learned Special Judge (for trial of NDPS Act cases), Vadakara on or before 09.06.2014.
2. It is directed that warrant of arrest if any issued to the petitioner will stand in abeyance till 09.06.2014 or till the petitioner surrenders before the learned Special Judge whichever is earlier subject to the following conditions :
a) The petitioner shall not until he surrenders before the learned Special Judge as aforesaid go beyond the State of Kerala.
b) It is made clear that in case the petitioner does not surrender within the time aforesaid, this order will cease to be effective on the expiry of the time granted hereby.
THOMAS P. JOSEPH JUDGE NS