Kerala High Court
Sanil vs State Of Kerala on 15 September, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022/24TH BHADRA, 1944
CRL.MC NO. 6220 OF 2022
AGAINST THE ORDER/JUDGMENT IN SC 1826/2022 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT - V, THIRUVANANTHAPURAM /
II ADDITIONAL MACT
PETITIONER/ACCUSED NO.2:
SANIL, AGED 32 YEARS, S/O.SYAMALA,
RESIDING AT CHARALVILA VEEDU, MANGODU,
PULIYOORSALAI VILLAGE, VILAVANCODE TALUK,
KANNIYAKUMARI DISTRICT, PIN - 629152.
BY ADV. SRI.ARUN CHAND
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 THE EXCISE INSPECTOR,
NEYYATINKARA EXCISE RANGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695121.
BY ADV. SRI.RENJIT GEORGE, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 15.09.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C.No.6220 of 2022
2
O R D E R
This is a petition filed by the 2 nd accused
in S.C.No.1826/2022 on the file of Additional
District and Sessions Court-V,
Thiruvananthapuram.
2. The prayer in the petition is to direct
the Additional District and Sessions Judge-V,
Thiruvananthapuram to consider the regular bail
application and petition for re-calling warrant
moved on behalf of petitioner in
S.C.No.1826/2022 on the date of surrender of
the petitioner before the Sessions Judge.
3. Heard the learned counsel for the
petitioner as well as the learned Public
Prosecutor.
4. It is submitted by the learned counsel
for the petitioner that the petitioner is
innocent and he has been suffering from heart
disease and he underwent angioplasty surgery as
part of treatment. Annexures A2 and A3, copies
of laboratory report and discharge summary
Crl.M.C.No.6220 of 2022
dated 13.09.2021 is produced to substantiate
the said contention. According to the learned
counsel for the petitioner, since the
petitioner has been suffering from cardiac
disease, it is necessary in the interest of
justice to give a direction as sought for.
5. In this matter, Annexure-A4 produced is
the copy of bail order passed by this Court in
B.A.Nos.2029 and 2371 of 2022 dated 24.08.2022.
As per Annexure-A4, this Court denied
anticipatory bail sought for by the petitioner
after discussing the seriousness of the
offences alleged to be committed by the
petitioner under Section 20(b)(ii)(B) of NDPS
Act. In fact, anticipatory bail was denied by
this Court for valid reasons and in such a
case, the petitioner wants to get disposal of
his bail application on the date of surrender
itself by the Sessions Court.
6. Since serious offences under Section
20(b)(ii)(B) of NDPS Act is alleged, directing
Crl.M.C.No.6220 of 2022
the Sessions Court to dispose of the bail
application on the date of surrender itself,
cannot be considered, as a breathing time shall
be given to the Sessions Court to consider the
same on merits.
7. Therefore, I am inclined to direct the
learned Sessions Judge to pass orders on the
petition, if any, filed by the petitioner for
bail and to re-call the warrant, after
surrender, as early as possible, at any rate,
within a period of three days from the date of
filing the petition.
It is specifically ordered that the learned
Sessions Judge shall pass orders purely on
merits.
Accordingly, this Crl.M.C. stands allowed.
Sd/-
A.BADHARUDEEN, JUDGE.
ww
Crl.M.C.No.6220 of 2022
APPENDIX OF CRL.MC 6220/2022
PETITIONER'S ANNEXURES:
ANNEXURE A1 THE TRUE COPY OF THE CRIME AND
OCCURANCE REPORT IN CRIME NO.11 OF
2021 OF NEYYATINKARA EXCISE RANGE,
THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A2 THE TRUE COPY OF THE LABORATORY REPORT
DATED 07/09/2021 ISSUED BY SREE
MOOKAMBIKA INSTITUTE OF MEDICAL
SCIENCES.
ANNEXURE A3 THE TRUE COPY OF THE RELEVANT PAGES OF
THE DISCHARGE SUMMARY BOOK ISSUED TO
THE PETITIONER BY THE KANYAKUMARI
GOVERNMENT MEDICAL COLLEGE AND
HOSPITAL, KANYAKUMARI DISTRICT.
ANNEXURE A4 THE TRUE COPY OF THE COMMON ORDER
DATED 24/08/2022 IN B.A. NO.2029/2022
PASSED BY THIS HON'BLE COURT.
