Kerala High Court
Abid Nazar vs State Of Kerala on 13 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
BAIL APPL. NO. 8427 OF 2024
CRIME NO.756/2022 OF Mattancherry Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.449 OF 2024
OF HIGH COURT OF KERALA
PETITIONER/6TH ACCUSED:
ABID NAZAR
AGED 25 YEARS
SON OF N.H. NAZAR, PRESENTLY RESIDING AT NOOLUVELIL
HOUSE, ALAKKODE (P.O), KOTTAYADU KAVALA, KANNUR
DISTRICT., PIN - 670571
BY ADV NIREESH MATHEW
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI., PIN - 682031
SR. PUBLIC PROSECUTOR SMT. PREETHA K.K.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.11.2024, ALONG WITH Bail Appl..8943/2024, THE COURT ON
13.11.2024 PASSED THE FOLLOWING:
2024:KER:84455
B.A.Nos.8427 & 8943 of 2024 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
BAIL APPL. NO. 8943 OF 2024
CRIME NO.756/2022 OF Mattancherry Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.2496 OF
2024 OF HIGH COURT OF KERALA
PETITIONER/1ST ACCUSED:
SREENISH
AGED 33 YEARS,S/O SURESH, MURUKKUMTHARAPARAMBU,
KOOVAPPADAM, MATTANCHERY, ERNAKULAM, PIN - 682002
BY ADVS.
RAHUL SASI
NEETHU PREM
MALAVIKA C.S.
MARIYA JOSEPH
FIDA HUSNA P.P.
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA,ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
MATTANCHERY POLICE STATION, ERNAKULAM,KERALA, PIN -
682002
SR. PUBLIC PROSECUTOR SMT. PREETHA K.K.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.11.2024, ALONG WITH Bail Appl..8427/2024, THE COURT ON
13.11.2024 PASSED THE FOLLOWING:
2024:KER:84455
B.A.Nos.8427 & 8943 of 2024 3
MOHAMMED NIAS C.P., J.
......................................................
B.A. Nos.8427 & 8943 of 2024
.............................................................
Dated this the 13th day of November, 2024
ORDER
Bail Application No.8427/2024 is the fifth application filed by the 6 th
accused and B.A. No.8943/2024 is the third application filed by the 1 st accused, in
crime No.756/2022 of Mattanchery Police Station, which was registered for offences
punishable under Section 22(c) read with 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereinafter referred to as 'the NDPS Act' for short).
2. The allegation against the first accused was that 493 grams of MDMA
was seized from him whereas the allegation against the 6th accused was that while
accused Nos.2 to 4 were working as agents of the 5th accused for the sale of MDMA
which was handed over to the 5th accused by the 7th accused, the 6th accused was
working as a middleman in the deals and had collected commission. The 1st accused
was arrested on 29.9.2022 whereas the 6 th accused was arrested on 24.10.2022 and
they have been under judicial custody since then.
3. The earlier applications filed by the 1 st accused were dismissed by this
Court by orders dated 6.12.2023 in B.A.No7562/2023 and 5.6.2024 in BA No.2496/2024.
The earlier applications filed by the 6 th accused were dismissed by this Court by
orders dated 10.10.2023 in B.A.No. 6138/2023 and 9.2.2024 in B.A.No.449/2024.
2024:KER:84455
Directions were given while rejecting the earlier applications to expedite the trial.
4. A report has been filed by the VIII Additional District & Sessions Judge,
Ernakulam dated 22.10.2024 stating that on the request of the prosecution, the mobile
phone of the accused was sent for forensic examination and that the report of the
forensic expert and the examination of the forensic expert are necessary for the
purpose of the trial. The report from the Forensic Science Laboratory is awaited.
Since the prosecution alleges a conspiracy among the accused, the forensic report in
respect of the analysis of the mobile phone is necessary to proceed with the trial.
Accordingly, the trial court had requested two months to dispose of the case. It is also
stated that on receipt of the FSL report, additional witnesses will be examined and the
case will be disposed of within 15 days.
5. Taking note of the huge quantity of contraband involved in the case, the
fact that only three months is sought by the trial court for completion of the trial
which has already commenced, I am inclined to accept the objection on the part of
the prosecution that granting bail at this stage would adversely affect the trial.
However, there will be a direction to the prosecution to make available the FSL report
before the trial Court within three weeks from today. If the same is not done, it will be
open to the petitioners to move for bail. If the FSL report is made available as directed
above, the trial Court will take all steps to complete the trial within three months
from the receipt of the FSL report. However, it is made clear that if the trial is not
completed within three months from today and if the petitioners are not responsible
for the delay, it will be open to the petitioners to seek bail.
2024:KER:84455
The applications are dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb/
2024:KER:84455
APPENDIX OF BAIL APPL. 8943/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 756 OF 2022 OF MATTANCHERRY POLICE
STATION DATED 22.03.2023
Annexure A2 ORDER DATED 06-12-2023 IN BAIL
APPL.7562/2023 ON HIGH COURT
Annexure A3 ORDER DATED 05-06-2024 IN BAIL
APPL.2496/2024 ON HIGH COURT
Annexure A4 THE DEPOSITION OF PW1, DETECTING OFFICER IS
PRODUCED
Annexure A5 THE TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT IN B.A. NO. 1790 OF 2024 DATED
21.06.2024
2024:KER:84455
APPENDIX OF BAIL APPL. 8427/2024
PETITIONER ANNEXURES
Annexure 1 ORDER DATED 24-11-2022 IN BAIL
APPL.9089/2022 ON HIGH COURT
Annexure 2 ORDER DATED 07-06-2023 IN BAIL APPL.85/2023
ON HIGH COURT
Annexure 3 ORDER DATED 10-10-2023 IN BAIL
APPL.6138/2023 ON HIGH COURT
Annexure 4 ORDER DATED 09-02-2024 IN BAIL APPL.449/2024
ON HIGH COURT
Annexure 5 TRUE PHOTOCOPY OF THE ORDER DATED 05.06.2024
