Sadik vs The State Of Kerala
2021 Latest Caselaw 12988 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 16TH DAY OF JUNE 2021 / 26TH JYAISHTA, 1943
                      BAIL APPL. NO. 4707 OF 2021
   AGAINST THE ORDER/JUDGMENT IN SC 1128/2019 OF II ADDITIONAL
          DISTRICT COURT,TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONER/S:

          SADIK
          AGED 40 YEARS
          S/O. MUHAMMED ANEES, NAGAR, THONDI,
          THIRUVANDANAI TALUK, RAMANADHAPURAM,
          TAMIL NADU.

          BY ADV K.PRAVEEN KUMAR


RESPONDENT/S:

          THE STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM - 682 031.
OTHER PRESENT:

          SMT.MAYA.M.N., PP


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No. 4707 of 2021
                                    2




                     P.V.KUNHIKRISHNAN, J.
                   ==================
                      B.A.No. 4707 of 2021
                   ==================
               Dated this the 16th day of June, 2021


                              ORDER

This Bail Application filed under Section 439 of

Criminal Procedure Code was heard through Video

Conference.

2. This is the 3rd bail application filed by the

petitioner, who is an accused in Crime No. 1/2019 of

Trivandrum Excise Circle Office, Trivandrum. The above

case is registered against the petitioner alleging offences

punishable under Sections 20(b)(ii)(c ) and 29 of the

Narcotic Drugs and Psychotropic Substances Act. The

petitioner is in custody from 19.01.2019 onwards.

3. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

B.A.No. 4707 of 2021

4. The learned counsel for the petitioner submitted

that, eventhough this Court directed the trial court to

dispose the matter within six months, because of the

pandemic situation, the trial is not started evennow. The

learned counsel submitted that, this Court may kindly

grant interim bail to the petitioner. The learned Public

Prosecutor opposed the bail application.

5. This Court considered the entire aspects and

passed a detailed order on 03.03.2021 in BA No. 1930 of

2021. This Court call for a report from the learned

Sessions Judge before passing the order and the learned

Sessions Judge assured that the case itself will be

disposed within six months. Accordingly a direction was

issued to the learned Sessions Judge to dispose the

sessions case itself within six months from 03.03.2021.

That time is not over yet. In such circumstances, according

to me, this bail application is premature. But I make it

clear that, if the trial court is not able to dispose the

matter as directed by this Court as per Annexure-III order, B.A.No. 4707 of 2021

the petitioner is free to file a fresh bail application before

the trial court. If such a bail application is filed, the trial

court is directed to consider the same in accordance to law

after hearing both sides.

(Sd/-)

P.V.KUNHIKRISHNAN, JUDGE LU