Athul A vs State Of Kerala
2021 Latest Caselaw 14484 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE ASHOK MENON
       TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        BAIL APPL. NO. 4831 OF 2021
     CRIME NO.645/2020 OF KADUTHURUTHY POLICE STATION, KOTTAYAM
 AGAINST THE ORDER/JUDGMENT IN Bail Appl. 1714/2021 OF HIGH COURT OF
                             KERALA, ERNAKULAM
PETITIONER/S:

            ATHUL A.
            AGED 25 YEARS
            KRISHNAVILASAM HOUSE, MADATHIL KARANAMA KARA, OCHIRA,
            KOLLAM, PIN - 690 526.

            BY ADV MANSOOR.B.H.



RESPONDENT/S:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM, PIN - 682 031.

            BY SRI.C.S.HRITHWIK, SR.PP


     THIS   BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4831 OF 2021
                                  2



                              O R D E R

Dated this the 13th day of July 2021

This is the second application for bail under Section

439 of the Cr.P.C.

2. The petitioner is the 5th accused in

S.C.No.105/2020 on the files of the Special Court for NDPS

Act cases, Thoudpuzha, for having allegedly committed the

offences punishable under Sections 20(b)(11)C, 29 and 27A

of the Narcotic Drugs and Psychotropic Substances Act, 1985

(for short "NDPS Act").

3. The earlier application, B.A.No.1714/2021, was

dismissed for the reason that the quantity involved is

commercial and that the petitioner was supposed to be the

financier for the purchase of the contraband articles and

in view of the embargo under Section 37(1)(b)(ii) of the

NDPS Act, he was not entitled to regular bail since there

are no reasonable ground to believe that he is not guilty

or that he will not involved in similar offences while on

bail.

BAIL APPL. NO. 4831 OF 2021

4. The petitioner states that his mother is ill and

that there is no one else to take care of her, and

therefore, he seeks interim bail. The learned Counsel

appearing for the petitioner also insisted for an interim

bail as he was granted bail earlier.

5. The learned Public Prosecutor vehemently opposes

the granting of regular bail as also interim bail for the

reason that while on interim bail, he was involved in

another crime. Moreover, it is stated that the petitioner

is a person having criminal antecedents and he was also

proceeded under the provisions of the Anti Social

Activities (Prevention) Act (KAAPA).

Under the above circumstances, I find that the request

of the learned Counsel for an interim bail or regular bail

cannot be entertained. The final report has already been

filed and the case is ready for trial. Hence, I am sure

that the trial court would make earnest attempt to dispose

of the case expeditiously, despite the pandemic conditions

and also considering the fact that the petitioner is BAIL APPL. NO. 4831 OF 2021

incarcerated in jail. With these observations, the Bail

Application is dismissed.

Sd/-

ASHOK MENON JUDGE dkr