Balagurumoorthy Karthic Kalidasan v. State of Kerala
2013-12-05
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. This application is preferred by the second accused in OR No. DRI/TVM/02/NDPS/2012 of the DRI, Trivandrum for the offences punishable under Secs. 9A, 25A, 27A, 28 and 29 of the NDPS Act, 1985 for allegedly dealing with 4.580 Kgs. of ephedrine, is in custody from 06.04.2013 and seeks bail. 2. Learned counsel submits that since the petitioner is in custody from 06.04.2012, he may be released on bail. Learned counsel has also brought to my notice some instances wherein, similar situations bail was granted to the accused. 3. Learned Special Public Prosecutor for the DRI while opposing the application has submitted that the petitioner belongs to Tamil Nadu and that if released on bail, he might not be available for trial. My attention is also brought to the Order dated 01.08.2012 in B.A. No. 5030 of 2012 where this court declined to grant bail to the petitioner. 4. It is seen from the above said order that this court after taking into account all relevant circumstances including possibility of the petitioner his fleeing from justice and indulging in similar offences refused bail and directed the learned trial judge to dispose of the case at the earliest. In other words, this court was not inclined to grant bail to the petitioner and the direction was to dispose of the case at the earliest. That order has to be respected. True that the said order was passed on 01.08.2012 and for whatever reason it be, the trial has not commenced even now. 5. Learned Special Public Prosecutor submits that the case is ripe for trial and that if the trial commences, it could be completed within a month. 6. Having regard to the fact that the petitioner is in custody from 06.04.2012 and in view of the direction in the Order dated 01.08.2012 in B.A. No. 5030 of 2012, I am inclined to think that the trial has to be expedited as the petitioner cannot be asked to remain an under trial prisoner for long. In case the trial could not be completed before 31.03.2014, it is open to the petitioner to move this court for bail. Application is disposed of as under: 1. Request for bail, in the circumstances above stated is rejected. 2.
In case the trial could not be completed before 31.03.2014, it is open to the petitioner to move this court for bail. Application is disposed of as under: 1. Request for bail, in the circumstances above stated is rejected. 2. Learned II Additional Sessions Judge, Trivandrum is directed to dispose of S.C No. 681 of 2012 of that court as early as possible, at any rate, before 31.03.2014 if necessary by giving preference to the case since the petitioner is in custody from 06.04.2012 and even in the Order dated 01.08.32012 in B.A. No. 5030 of 2012, there was a direction to dispose of the case as early as possible. Registry shall communicate this order to the learned Additional Sessions Judge, Trivandrum forthwith.