Disposal of a bail application where an embargo under Section 37 of the NDPS Act prevents immediate release. The court granted time to the Special Judge to complete the trial within four months due to the pandemic.
Disposal of bail application with direction to the Special Judge to dispose of the final hearing matter within four months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 19TH DAY OF JULY 2021 / 28TH ASHADHA, 1943
BAIL APPL. NO. 3981 OF 2021
CRIME NO.426/2020 OF Kondotty Police Station, Malappuram
PETITIONER/S:
HIJAS
AGED 22 YEARS VEETTILAKATH HOUSE, MANKAV P.O., KOZHIKODE, PIN - 673007
BY ADV MATHEW KURIAKOSE
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3981 OF 2021 2
O R D E R
Dated this the 19th day of July 2021
The petitioner, who is the 1st accused has approached this Court for successive application for bail. His earlier bail applications were dismissed considering the fact that there is an embargo under Section 37 of the NDPS Act, which prevents this Court from granting bail. The petitioner states that he was affected with Covid-19 twice, while he was in incarceration. Therefore, considering this fact he may be granted bail.
Considering the present pandemic situation, I find that the time
sought for by the learned Judge is reasonable and therefore the bail
BAIL APPL. NO. 3981 OF 2021 3
application is disposed of with a direction to the learned Special Judge SC/ST, (POA) Act & NDPS Act Cases, Manjeri to dispose of the aforesaid matter as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of the order of this Court.
Sd/-
ASHOK MENON
JUDGE
rmm
2 issues framed by the court
Whether bail application under the NDPS Act with an embargo should be disposed of in light of the petitioner's health condition and the pendency of the underlying trial.
Whether the time sought by the Special Judge to complete the trial is reasonable considering the pandemic situation.
Hijas
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
