Sybu Thankachan vs State Of Kerala

Petitioner is the first accused in S.C.No.743 of 2019 pending on the files of the Additional Sessions Court-IV, Thiruvananthapuram. The case originated from Crime No.1992 of 2018 registered at the Peroorkada Police Station for offences punishable under Sections 20(b)(ii)(C)and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution allegation is that, on 07.11.2018, the petitioner along with accused Nos.2 and 3 were apprehended by the police while transporting 10.426 Kgs of Hashish. The petitioner was arrested on 07.11.2018 and is continuing in judicial custody. The petitioner moved an application for bail before the trial court which was dismissed vide Annexure A1 order dated 20.06.2019. Thereupon the petitioner moved a bail application before this Court, which was dismissed for non-prosecution as per Annexure A2 order dated 09.08.2019. A second bail application filed before this Court was dismissed as withdrawn vide Annexure A3 order. The third bail application filed by the petitioner was closed as per Annexure A4 order dated 30.04.2020, granting liberty to the petitioner to approach the trial court. That liberty was granted in the light of the submission that, despite registration of the crime in the year 2018 and continued custody of the petitioner, trial of the case has not commenced. On the strength of that order, the petitioner moved application for bail before the trial court. By Annexure A5 order, the trial court dismissed that application, finding no substantial change of circumstances warranting a view, different from that taken earlier. Thereupon, the petitioner again approached this Court and finding that the court is not inclined to grant bail, withdrew that bail application, reserving liberty to take appropriate steps at a later stage, if so advised. An attempt to obtain interim bail made before the trial court, also did not fructify as evidenced by Annexure A8. Hence, this bail application.

In the light of the submissions made by the learned Counsel for the petitioner of there being no possibility of the case being listed for trial in the near future, a report was called for from the jurisdictional court. The learned Additional Sessions Judge reported that, taking into account the huge pendency of cases and the heavy workload of that court, it would require at least ten months time to commence trial of the case.

Learned Counsel for the petitioner submitted that the court is yet to frame charge in the case and curtailment the petitioner's liberty due to the delay in disposing the case, amounts to negation of his fundamental rights. It is submitted that the petitioner is an educated youth person hailing from a reputed family. That, the petitioner's father, who is now aged 61 years, is suffering from various ailments and has been lamenting for the petitioner's presence by his side at least for a few days.

I heard the learned Public Prosecutor also, who opposed the prayer for bail, pointing out the huge quantity of the contraband seized. It was submitted that the petitioner's father is not suffering from such serious ailments which require the petitioner's presence near his bedside.

Having heard the learned Counsel and having considered all factors like nature of the crime, quantity of contraband seized, period of petitioner's custody, the time required for list the case for trial, I find the petitioner to be entitled for bail for a period of 15 days, subject to sufficient safeguards.

In the result, the bail application is allowed to the limited extent of granting bail to the petitioner for a period of 15 days from 12.03.2021, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like amount to the satisfaction of the trial court.

(ii) The petitioner shall provide his mobile number, permanent residential address and contact number of a near relative to the Jail Superintendent.

(iii) The petitioner shall surrender his passport before the trial court and if the petitioner does not have a passport, submit an affidavit to that effect.

(iv) The petitioner shall report before the Station House Officer, Rajakkadu Police Station, on all days, between 9.00 am and 10.00 a.m.

(v) The petitioner shall not get involved in any other crime during the pendency of this order.

In case of violation of any of the above conditions, the benefit of this order will stand recalled.