High CourtsSingle Bench(2021) 07 KL CK 0077

Noor Muhammed M.A vs State Of Kerala

High Court Of Kerala · Decided on 5 July 2021

HON’BLE JUDGES
Ashok Menon, J
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 2880 Of 2021

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Judgment

11 paragraphs · 237 words

Ashok Menon, J

1.

Application for regular bail under Section 439 of Cr.P.C. Petitioner is the sole accused in Crime No.25/2021 of Kondoty Police Station,

Malappuram District for having committed an offences punishable under Sections 20(b)(ii) C of the Narcotic Drugs and Psychotropic Substances Act.

His earlier bail application No.1598/2021 was dismissed by this Court on 15.3.2021 holding that in view of the embargo under Section 37 of the NDPS

Act, the petitioner is not entitled to bail. The petitioner has been in custody for 481 days and the final report has already been filed. The petitioner

states that there is no possibility of trial being taken up immediately and therefore in view of the pandemic situation, the petitioner may be granted bail.

2.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. In view of the decision of this Court, it cannot be reviewed again

since it is already held that there are no reasonable grounds to believe that the accused was not found guilty and he will not get involved in similar

nature of offences while on bail. However, in view of the fact that the final report has already been filed, the trial court is directed to take up the

matter as expeditiously as possible despite the impediments of the pandemic situations, keeping in view that the petitioner is an under trial prisoner.

With this observation, this Bail Application is dismissed.