Where Prima Facie Materials Prove That Accused Is Deliberately Protracting The Trial, He Is Not Entitled To Bail As Of Right: Kerala HC
|The Kerala High Court refused to grant bail to a man who is accused of murdering his lover’s 7-year-old son while observing that where prima facie materials prove that an accused is deliberately protracting the trial, he is not entitled to bail as of right.
The Court was hearing a Bail Application bail filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita after he was accused for commission of the offences punishable under Sections 294(b), 323, 326, 506(i), 302, 201 and 212 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act.
The bench of Justice P.V. Kunhikrishnan observed, “there are prima facie materials in the light of the report of the trial court and also from the submission of the prosecution that the petitioner is deliberately protracting the trial. Hence he is not entitled to bail.”
Advocate K. Rakesh appeared for the Appellant and ADGP Grashiouse Kuriakose appeared for the Respondent.
Brief Facts-
It is the prosecution's case that the 1st accused was in a relationship with the 2nd accused, who was the widow of Biju. Accused no 1 assaulted the 7-year-old son of the 2nd accused after he found the younger child had urinated in his sleep. Despite the critical condition of the child the accused delayed treatment which led to the boy's death at a hospital. The 2nd accused became an approver. She and her other child served as key witnesses.
The Court perused the report of the Sessions Judge and also the objections raised by the Deputy Superintendent and noted that the petitioner is purposefully protracting the trial of the case.
“The prosecution case against the petitioner is very serious and it is disturbing and affecting the conscience of the society.”, the Court remarked.
The Court observed, “…if there are prima facie materials to prove that, an accused is deliberately protracting the trial, he is not entitled to bail as of right. The general principle of bail in law, that is, ‘Bail is the rule and jail is an exception’ is not applicable to such accused. The right to bail is not absolute. The court has to consider the bail application based on the facts of each case, of course keeping in mind the general principle that, ‘Bail is the rule and jail is an exception’.”
The Court said that the petitioner is not entitled to bail and the petitioner has to face trial in custody.
Accordingly, the Court dismissed the Bail Application.
Cause Title: xxx v. State of Kerala (Neutral Citation: 2024:KER:63387)