Likelihood Of Flight Risk Since Accused Has No Roots In The State Of Kerala: Kerala HC Dismisses Bail Plea In Murder Case
|The Kerala High Court refused to grant bail to an accused since he was from the State of West Bengal and there was a likelihood of flight risk if the accused was released “particularly since he has no roots in the State of Kerala."
The accused had allegedly stabbed and murdered the deceased in the State of West Bengal. The Court did not grant the bail considering the nature, gravity and seriousness of the accusation levelled against the accused.
A Single Bench of Justice C.S. Dias observed, “We have moved into the 75th year of independence. It is common knowledge that Investigation Agencies now heavily depend on scientific evidence and technology for the investigation of crimes. In these times, we cannot put our hands in the air and cry about the dearth of staff and lack of infrastructure. With the alarming and exponential increase in crimes in recent years, it is high time that we ensure that facilities for the dispensation of justice are put in place.”
Advocate N.B. Fathima Sulfath represented the petitioner, while Sr. PP C K Suresh appeared for the respondents.
The Sessions Judge had reported that the Forensic Science Laboratory (FSL) had not submitted its report, which caused the delay in the trial.
The High Court explained that according to Chapter IX of the Department Manual on Chemical Examiners Laboratory Department (Manual), chemical analysis reports were admissible as evidence under Section 293 of the Code. Similarly, Chapter X of the Manual mandates that priority must be given in cases where reminders were received from the Court, Investigation Officer, Medical Officer, etc.
The Court noted “The law has thus crystalised that the right of a speedy and fair trial to an accused is an integral part of Article 21 of the Constitution of India. It is the constitutional duty of all the organs of the State to ensure speedy justice.” Subsequently, the Court ordered the Sessions Judge to dispose of the trial as expeditiously as possible.
The accused had been in judicial custody for four years and three months. However, since the accused was from the State of West Bengal, the Court held that there was a likelihood of flight risk if the accused was released since he had no roots in the State of Kerala.
Considering the gravity and seriousness of the accusation levelled against the petitioner, the Court did not grant the bail.
Accordingly, the High Court dismissed the bail application.
Cause Title: Sanjay Oraon v. State of Kerala & Anr. (2024:KER:8483)
Appearance:
Petitioner: Advocate N.B. Fathima Sulfath
Respondents: ADGP Grashious Kuriakose and Sr. Public Prosecutor C K Suresh