ALIF KHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the fourth bail application filed by the sole accused in crime No.7/2023 of Devikulam Excise Range, Idukki under Sec. 439 of the Code of Criminal Procedure. Earlier 3 bail applications, viz. B.A.Nos.1043/2023, 6995/2023 and B.A.No.9904/2024 were dismissed as per Annexures A1, A2 and A3 orders. While dismissing the third bail application, viz. B.A.No.9904/2024, this Court extracted the reason for dismissal of the earlier applications as under:

(2.) Now, the learned counsel for the petitioner argued that since the petitioner has been in custody for the last 375 days (starting from 25/1/2023), he deserves bail, since trial not started yet and considering the status of the petitioner as a first time offender. The thrust of this argument is based on the decisions in Fasil v. State of Kerala reported in [2023 (3) KHC 212 : 2023 KHC OnLine 321] and Jijendran C.M. v. State of Kerala reported in [2023 (3) KHC 575 : 2023 KHC OnLine 320 : 2023 KER 23183].

(3.) Whereas the learned Public Prosecutor strongly opposed bail on the submission that commercial quantity of contraband was involved and therefore the petitioner could not be released on bail without diluting rider under Sec. 37 of the NDPS Act.