Jayachandran Nair vs State Of Kerala
2021 Latest Caselaw 12876 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
       FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                      BAIL APPL. NO. 4603 OF 2021
 CRIME NO.10/2020 OF Trivandrum E.E. & A.N.S.S., Thiruvananthapuram
  AGAINST THE ORDER/JUDGMENT IN CRMP 1307/2020 OF DISTRICT COURT &
            SESSIONS COURT,TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONER/S:

           JAYACHANDRAN NAIR
           AGED 55 YEARS
           S/O. KRISHNA PILLAI, ABHAYAVILLA VEEDU, VIII/137 A,
           AZHOOR GRAMA PANCHAYAT, EDAYILATHU DESAM, MUTTAPPALAM,
           AZHOOR VILLAGE, CHIRAYINKEEZHU TALUK, PIN-695 305.

           BY ADVS.
           BLAZE K.JOSE
           URMILA ZACHARIA



RESPONDENT/S:

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

           SRI. E.C. BINEESH PP


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4603 OF 2021              2




                             O R D E R

Dated this the 11th day of June 2021

This is a successive application filed under Section 439 of

Cr.P.C. for regular bail by the 4th accused in Crime No.10/2020 of

Excise Enforcement and Anti Narcotic Special Squad,

Thiruvananthapuram, who has allegedly committed offences

punishable under Sections 8(c), 20 b, (ii)(B), 25 and 29 of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for

short).

2. The only argument raised by the learned counsel for the

applicant is that the applicant has been infected with Covid 19 and

that if he continues in jail there is a threat to his life itself and

therefore he may be granted bail considering this change of

circumstance. It has been held by the Hon'ble Supreme Court in a

number of decisions that successive bail applications are

entertainable only if there is a change of circumstance. The fact that

the applicant has been infected with Covid 19 is not a reason to

grant him bail. I am sure that the State would take every appropriate

measure to see that the applicant is given the best of treatment.

There are so many inmates in jail who have been infected with

Covid. The Honourable Supreme Court has also opined that applying

the earlier decision of the Apex Court in Arnesh Kumar v. State of

Bihar[ (2014) 8 SCC 273] a lenient view is to be taken in the

matter of granting bail in case of involving punishment up to 7 years

of imprisonment, but in this case, the alleged offence is very grave

which attracts punishment up to 10 years of imprisonment.

Therefore, the observation of the Honourable Supreme Court in the

decision In re Contagion of Covid 19 [2021 SCC online SC 376]

is not applicable to this case in hand. Therefore, the application is

only to be dismissed with a direction to the trial court to expedite

disposal of this case considering the fact that the applicant is confined

to jail.

The bail application is dismissed.

SD/-

ASHOK MENON

JUDGE rmm