Muhammedali vs State Of Kerala

R.Narayana Pisharadi, J

The petitioner is said to be the fourth accused in the case S.C.No.21/2016 on the file of the Special Court for the Trial of NDPS Act Cases,

Vadakara.

The offences alleged against the petitioner are under Sections 20(b)(ii)(C), 25, 27A and 29 of the NDPS Act. It is stated that the petitioner was

employed abroad and that he could not participate in the trial of the case and that the case against him was split up and entered into the register of

long pending cases as L.P.No.13/2016. He has now returned to Kerala. It is stated that he is ready to surrender before the trial court. He prays that

direction may be issued to the trial court to consider the bail application to be filed by him on the same day on surrendering before that court.

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

Since the petitioner is willing to surrender before the trial court, considering the public health emergency prevailing in the State due to Covid-19, I

am inclined to pass appropriate directions in the matter.

Consequently, the petition is allowed as follows: The petitioner is permitted to surrender before the trial court in the case L.P.No.13/2016

(S.C.No.21/2016) within a period of ten days from today. If the petitioner makes any application for bail on such surrender, after giving notice to the

Public Prosecutor concerned on the previous day of surrender, the trial court shall consider and dispose of such bail application on the same day, after

verifying whether the petitioner is an accused in the aforesaid case. It is also directed that the petitioner shall surrender before the trial court, before

12.00 noon on a working day within the aforesaid period.