Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 31ST DAY OF JULY 2013 9TH SRAVANA, 1935 Bail Appl..No. 5060 of 2013 () ------------------------------- CRIME NO. 261/2012 OF SULTHAN BATTERY POLICE STATION, WAYANAD ACCUSED(S)/PETITIONER: ---------------------- SHAJAHAN, AGED 4 YEARS S/O IBRAHIMKUTTY, ERIYAL PARAMBU, NAMBYARKUNNU P.O SULTHAN BATHERY, WAYANAD DISTRICT BY ADV. SRI.SUNNY MATHEW RESPONDENTS/ COMPLAINANT AND STATE: ----------------------------------- 1. SUB INSPECTOR OF POLICE, SULTHAN BATHERY POLICE STATION, WAYANAD DISTRICT 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J.
----------------------------------------------- B.A No.5060 of 2013 ------------------------------------------------------- Dated this the 31st day of July, 2013 ORDER Previous application moved by petitioner, who is the first accused in a crime involving offences under the Narcotic Drugs and Psychotropic Substances Act, had been turned down vide Order dated 10.01.2013 in B.A No.9875 of 2012 by this court. A direction was issued to the Special Judge to expedite trial of the case and dispose it, at any rate, within six months from the date of receipt of a copy of the Order. Despite the period so fixed for expediting trial and disposal of the case, trial has not been completed is the case advanced to move the present petition seeking enlargement of petitioner on bail. A report from the Special Judge was called for. Report sent would indicate that six months time from the date of receipt of Order B.A No.5060/2013 2 passed in the above bail application by this court fixing time limit for trial and disposal of the case was not over when the present application was filed. Learned Special Judge has also sought extension of time of three months more stating reasons why such extension is required. Other time limit fixed cases, both by this court and also apex court, are pending, is one of the reasons stated for seeking extension of time.
2. Learned counsel for petitioner requested for consideration of bail application of petitioner once examination of material witnesses in the crime is over.
3. In the given facts of the case, I find, extension of three months further time from the date previously fixed for completion of trial and disposal of the case has to be allowed. In case trial of the case is not over within the extended period, it is open to petitioner to apply for bail before the Special Judge. Any application moved in such an event shall be B.A No.5060/2013 3 considered and disposed on its merits by the Special Judge, in accordance with law. With the above directions, petition is dismissed. vdv S.S.SATHEESACHANDRAN, JUDGE