Sadik vs State Of Kerala

P.V.Kunhikrishnan, J

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

This is the 3rd  bail application filed by the petitioner, who is an accused in Crime No. 1/2019 of Trivandrum Excise Circle

Office, Trivandrum. The above case is registered against the petitioner alleging offences punishable under Sections 20(b)(ii)(c ) and 29 of the Narcotic

Drugs and Psychotropic Substances Act. The petitioner is in custody from 19.01.2019 onwards.

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

The learned counsel for the petitioner submitted that, even though this Court directed the trial court to dispose the matter within six months, because

of the pandemic situation, the trial is not started even now. The learned counsel submitted that, this Court may kindly grant interim bail to the

petitioner. The learned Public Prosecutor opposed the bail application.

This Court considered the entire aspects and passed a detailed order on 03.03.2021 in BA No. 1930 of 2021. This Court call for a report from the

learned Sessions Judge before passing the order and the learned Sessions Judge assured that the case itself will be disposed within six months.

Accordingly a direction was issued to the learned Sessions Judge to dispose the sessions case itself within six months from 03.03.2021. That time is

not over yet. In such circumstances, according to me, this bail application is premature. But I make it clear that, if the trial court is not able to dispose

the matter as directed by this Court as per Annexure-III order, the petitioner is free to file a fresh bail application before the trial court. If such a bail

application is filed, the trial court is directed to consider the same in accordance to law after hearing both sides.