Allowed

Shibu v. State of Kerala

Kerala HC12 Jul 2021Bail Appl./4672/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail to the petitioner accused of drug offenses. The court reduced the estimated trial duration from six months to three months, considering the petitioner's age and dependent parents, and directed cooperation with the trial.

What did the court decide?

Bail granted; trial directed to be concluded within three months; liberty to approach court again if delayed.

Shibu Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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MONDAY, THE 12^TH DAY OF JULY 2021 / 21ST ASHADHA, 1943

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BAIL APPL. NO. 4672 OF 2021

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SC 354/2020 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II,

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ALAPPUZHA.

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CRIME NO. 2879 OF 2019 OF KAYAMKULAM POLICE STATION

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PETITIONER/ACCUSED NO. 1:

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SHIBU, AGED 24 YEARS S/O.ABDUL SALAM, THAZHCHA VADAKKATHIL HOUSE, NJAKKANAL (P.O), KRISHNAPURAM, ALAPUZHA DISTRICT, PIN-690533. (A1). BY ADV P.K.VARGHESE

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY ADV T.M.SUDHEER

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OTHER PRESENT:

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PP AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.4672/2021

ORDER

DATED THIS THE 12TH DAY OF JULY, 2021

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filed by the 1^st accused in Crime No. 2879 of 2019

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of Kayamkulam Police Station registered for the offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotics Drugs and Psychotropic

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Substances Act.

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The petitioner was found in possession

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of 5.15 kgs of ganja at about 6.40 p.m. on 20.11.2019 by the Sub Inspector of Police,

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Kayamkulam and thereby he has been booked for the same and is undergoing incarceration. Now the

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investigation of the case is over and the

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Investigating Officer has filed charge sheet before the court concerned.

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As called for now a report has been

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received from the learned Additional Sessions

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Judge-II, Alappuzha stating that there are 16

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witnesses in the case and considering the present

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pandemic situation, six months time is required to dispose of the case.

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B.A.4672/2021

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A perusal of the records would show

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that he is having criminal antecedents and that was

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the main reason for rejection of the earlier

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applications for bail submitted by him. But now as the investigation is over and there are only 16

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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

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Judge may not require that much time to dispose of

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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.

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application is disposed of directing the learned Additional Sessions Judge-II, Alappuzha to take maximum endeavour to dispose of the case within a

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period of three months from today. If the case

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could not be disposed of within the time limit

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because of any reason, the petitioner is at liberty

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B.A.4672/2021

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to approach this court again for bail. But there

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is a direction to co-operate with the trial of the

case.

Sd/-

SHIRCY V.

JUDGE

Shibu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shibu v. State of Kerala

Case brief

What is this about?

What did the court decide?

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