Muhammed Misbah v. State of Kerala
Case brief
What is this about?
The High Court at Ernakulam denied regular bail to the petitioner, a 2nd accused in an NDPS case, as the trial had already commenced midway. The court granted the trial court one month to complete the trial, noting that insufficient time had passed since the earlier rejection of bail.
What did the court decide?
One month extension granted for completion of trial; bail application closed with liberty to approach the Court if trial is delayed beyond that period.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945
BAIL APPL. NO. 3086 OF 2023
CRIME NO.96/2021 OF Vazhikadavu Police Station, Malappuram
AGAINST THE ORDER IN Bail Appl. 2677/2022 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
MUHAMMED MISBAH,AGED 26 YEARS
CHAKKINGALTHODIKA HOUSE, VADAKKAKUZHI PALENGARA POST,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN - 679330
BY ADVS.
SAM ISAAC POTHIYIL,S.SURAJA
MUHAMMED SUHAIR C.A,VIPIN M.V.
ABEY GEORGE,HARISH V.S.
RAMU SUBHASH,ANANTHAKRISHNAN R.
RESPONDENTS/COMPLAINANT:
1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031
Issues for consideration
3 issues framed by the court
Whether to grant regular bail to an accused charged under the NDPS Act where the trial court has been granted an extension of time to complete the trial.
Whether the lack of a dedicated Public Prosecutor warrants granting bail or an adjournment in an NDPS case.
Whether to allow the petitioner to approach the court again if the trial is not completed within the granted extension period.
Parties & counsel
- petitioner
MUHAMMED MISBAH
- respondent
STATE OF KERALA
Coram
VIJU ABRAHAM
Case details
As recorded by the court registry
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