Humayoon vs State Of Kerala

This Bail Application is filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

Petitioner is the accused in Crime No.85 of 2019 of Mannuthy Police Station, Thrissur. The above case is registered against the petitioner alleging

offences punishable under Sections 20(b)(ii)(A) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act. The petitioner is in custody from

7.2.2019 onwards.

The prosecution case is that the petitioner was found in possession of 15 strips of psychotropic substance, namely Nitrozepam tablets.

Heard the counsel for the petitioner and the learned Public Prosecutor.

The petitioner filed three bail applications earlier before this Court. Annexure-1 to 3 are the orders passed by this Court dismissing the bail

application. Now the counsel for the petitioner submitted that there is change of circumstance because the lower court is not posting the case for trial.

The counsel submitted that the petitioner is in incarceration from 2019 onwards.

I see no change of circumstances after Annexure1 to 3 orders. The allegations against the petitioner are very serious. I see no reason to release the

petitioner at this stage.

Moreover, the jurisdiction to grant bail has to be exercised on the well settled principles laid down by the Hon'ble Supreme Court in Chidambaram P

v Central Bureau of Investigation (AIR 2019 SC 5272). The apex court held that, the following factors are to the taken into consideration while

considering the application for bail.

(i) the nature of accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution;

(ii) reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses;

(iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence;

(iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused;

(v) larger interest of the public or the State and similar other considerations.

It is true that there is no hard and fast rule regarding grant or refusal to grant bail. Each case has to be decided on the basis of the facts and

circumstances of that case. In the light of the general principles laid down in the above judgment and considering the facts and circumstances of this

case, I am of the opinion that this is not a fit case in which the petitioner can be released on bail. Hence this Bail Application is dismissed.