Shibu vs State Of Kerala

Shircy V, J

This is the third application for bail filed by the 1st accused in Crime No. 2879 of 2019 of Kayamkulam Police Station registered for the offences

punishable under Sections 20(b)(ii)(B) and 29 of the Narcotics Drugs and Psychotropic Substances Act.

The petitioner was found in possession of 5.15 kgs of ganja at about 6.40 p.m. on 20.11.2019 by the Sub Inspector of Police, Kayamkulam and

thereby he has been booked for the same and is undergoing incarceration. Now the investigation of the case is over and the Investigating Officer has

filed charge sheet before the court concerned.

As called for now a report has been received from the learned Additional Sessions Judge-II, Alappuzha stating that there are 16

witnesses in the case and considering the present pandemic situation, six months time is required to dispose of the case.

A perusal of the records would show that he is having criminal antecedents and that was the main reason for rejection of the earlier applications for

bail submitted by him. But now as the investigation is over and there are only 16 witnesses to be examined, I think that six months time sought for by

the learned Additional Sessions Judge is slightly on the higher side and learned Judge may not require that much time to dispose of the case.

Considering the fact that this petitioner is aged only 25 years, and his aged parents are depending upon him for their livelihood, I think that it is just and

proper to give a direction to the learned Additional Sessions Judge to dispose of the case within a time limit.

With this observation, this bail application is disposed of directing the learned Additional Sessions Judge-II, Alappuzha to take maximum endeavour to

dispose of the case within a period of three months from today. If the case could not be disposed of within the time limit because of any reason, the

petitioner is at liberty to approach this court again for bail. But there is a direction to co-operate with the trial of the case.