Shamnas.K.Shaji vs State Of Kerala

Mohammed Nias C.P., J.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the first accused in Crime No.24/2022 of Thodupuzha Excise Range Office, Idukki District, which was registered for the offence punishable under Sections 22(b), 20(b)(ii)(A), 29 and 60(3) of Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case is that on 20.8.2022 at about 12:30 P.M. near Mangattukavala on Muthalakkodam-Madathikkandam Public Road, accused Nos.1 & 2 were found transporting 3.600 gms of MDMA and 20 gms of dried Ganja in a Maruthi Swift Car bearing No.KL-38G-3111 and Royal Enfield motorcycle bearing No. KL-11-AV-4991 and, thereby, committed the aforementioned offences.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations.

The earlier bail application was rejected by order dated 27/11/2023 taking note of the involvement of the petitioner, the fact that there are two other cases registered against the petitioner and that different types of contrabands were seized from the petitioner. I do not find any change in circumstances to grant bail to the petitioner. A report was called for from the trial Court as to the probable time required for trial of the case. A report has been filed on 16/03/2024 indicating that the trial can be completed within six months time.

Under such circumstances, even when I dismissed the bail application there will be a direction to the Court concerned to take all steps to complete the trial within the timeline indicated in the report dated 16/03/2023. In case the trial gets delayed beyond the period mentioned, and the same is not attributable to the petitioner, the petitioner will be free to approach for bail before the same Court. Subject to the above, the bail application is dismissed.