B.A.No.4274 of 2025 1 2025:KER:29020 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 BAIL APPL. NO. 4274 OF 2025 CRIME NO.2028/2023 OF PALARIVATTOM POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.3094 OF 2025 OF HIGH COURT OF KERALA PETITIONER(S)/ACCUSED NO.1: MAHROOF AGED 36 YEARS S/O.MUHAMMED, PAYYANATTUTHODY, KIZHUPARAMBA P.O, KUNIYIL VILLAGE, MALAPPURAM DISTRICT, PIN - 673639 BY ADV NIREESH MATHEW RESPONDENT(S)/COMPLAINANT-STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031 BY ADV. PP – SRI. G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4274 of 2025 2 2025:KER:29020 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4274 of 2025 ------------------------------- Dated this the 04th day of April, 2025 O R D E R This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the 1st accused in Crime No.2028 of 2023 of Palarivattom Police Station, Ernakulam, which is now pending as S.C No.227/2024 on the files of the VIIIth Addl. District & Sessions Court, Ernakulam. The above case is charge-sheeted alleging offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 3. The prosecution case is that, on 06.09.2023 at 10.50 pm, the accused Nos. 1 and 2, in furtherance of their common intention, transported 54.46 grams of MDMA in a car. Hence it is alleged that the accused committed the above said B.A.No.4274 of 2025 3 2025:KER:29020 offences. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 5. This Court as per order dated 10.03.2025 in B.A. No.3094/2025 allowed the petitioner to file a fresh bail application before the trial court, and the trial court was directed to consider the same in the light of the principles laid down by the Apex Court in Ankur Chaudhary v. State of Madhya Pradesh [2024 Live Law (SC) 416], Nitish Adhikary @ Bapan v. The State of West Bengal [SLP to Appeal (Crl.) No.5769 of 2022], Hasanujjaman and others v. The State of West Bengal [SLP to Appeal (Crl.) No.3221 of 2023], and also the principle laid down by this Court in Shuaib A.S v. State of Kerala [2025 SCC Online 618]. 6. Thereafter, a fresh bail application was filed by the petitioner. The same was dismissed by the trial court as per Annexure-5 order. In Annexure-5 order, it is stated that the trial of the case was delayed at the instance of the petitioner. It is also stated that a discharge petition was B.A.No.4274 of 2025 4 2025:KER:29020 filed by the petitioner and the same was kept pending for several months. This is strongly disputed by the counsel appearing for the petitioner. The counsel took me through the proceeding sheet of the trial court dated 13.03.2025 and 14.03.2025. The counsel submitted that the discharge petition was filed by a counsel without any instruction from the petitioner. Therefore, it is submitted that such an observation by the trial court is not correct. I do not want to make any observation about the same. Admittedly, it is a fact that the petitioner is in custody for one year and seven months. 7. This Court directed the Registry to get a report from the trial court about the time required to dispose of the matter. Now a report is filed by the trial court, which is extracted hereunder: “With reference to the above, I may like to humbly submit that the bail application filed by the accused No.1 and 2 are dismissed by this court and in the order of this court, it has observed that the trial is going to be expedited. Thereafter, the accused were directed to be produced and the charges are already framed against them. There are 22 witnesses in this B.A.No.4274 of 2025 5 2025:KER:29020 case. When the matter was taken up for consideration today i.e. on 02/4/2025, the counsel for accused No.1 submitted that the trial may be scheduled from July onwards. Considering the convenience of the counsel for the accused and the cases in which trial is already scheduled, this court also feels that the starting of the trial from July onwards will be possible. Considering the number of witnesses to complete the trial, it may take two months. In these circumstances, this court may be granted time till 27/8/2025 to dispose of the matter.” 8. I am of the considered opinion that this bail application need not be entertained at this stage. But, if the trial is not completed on or before 27.08.2025, the petitioner can file a fresh bail application before the trial court, and at that stage, the trial court will consider the same, forthwith in the light of the directions issued by this Court in Annexure-4 order. Therefore, this bail application is disposed of directing the jurisdictional court to dispose of the matter on or before 27.08.2025. If the jurisdictional court is not able to dispose of the case within the above period, the jurisdictional court will B.A.No.4274 of 2025 6 2025:KER:29020 entertain the bail application, if any filed by the petitioner and dispose of the same in the light of the directions issued by this Court as per order dated 10.03.2025 in B.A. No.3094/2025. Sd/- P.V.KUNHIKRISHNAN, JUDGE DM