Humayoon vs State Of Kerala

P.V.Kunhikrishnan, J

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

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

punishable under Secs. 22(b) and 20 (b)ii(A) of the NDPS Act. Now, the investigation of the case is over and the case is pending before the

Additional Sessions Court, Thrissur as SC No.253/2019. The petitioner is in custody from 7.2.2019 onwards.

Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from 7.2.2019.

The counsel submitted that the petitioner is ready to abide any conditions, if this Court grant him bail. The counsel submitted that considering the

pandemic situation, there may be a direction to release the petitioner for a short period. The counsel submitted that if this Court is not inclined to grant

bail or interim bail, there may be a direction to the lower court to dispose the main case itself in a time frame.

The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner is involved in five other cases in

which two of them are NDPS cases. The Public Prosecutor submitted a report, in which details are narrated. The same is extracted hereunder :

1) Mannuthy PS Cr.86/19 registered under Secs.323, 294(b), 506(ii), 354,

2) Mannuthy PS Cr.111/19 registered under Sec.77 of JJ Act.

3) Palakkad Town Circle Cr. 9/18 registered under Secs.20(B)(II)B of NDPS Act.

4) Peechi Police Station Crime No. 688/18 registered under Secs.427, 323, 341, 294(b) IPC and Sec. 3 of Kerala Hospital Prevention of Damage of Hospital

Property.

5) Peechi Police Station Crime No.242/18 registered under Sec.27 of NDPS Act.

This is the 5th bail application filed by the petitioner. It is true that the petitioner is in custody from 7.2.2019 onwards. But, the petitioner is involved

in 5 other cases, in which two of the cases are charge sheeted under the provisions of NDPS Act. The jurisdiction of this Court to release an accused

involved in an NDPS case is limited in the light of Sec.37 of the Act. Therefore, I am not inclined to release the petitioner on bail. But there is some

force in the argument of the petitioner that the petitioner is in custody from 2019 and the trial is not started even now. In such circumstances, there

can be a direction to the trial court to expedite the trial. The trial court will take every endeavour to dispose the case as expeditiously as possible, at

any rate, within 6 months from the date on which the regular sitting is started after Covid-19 pandemic lockdown.

With these observations, this bail application is dismissed.