Long Detention With A Pending Trail Would Amount To Conviction Without Trial: High Court Of Kerala
Title: Mukesh v State Of Kerala
Citation: BAIL APPL. NO. 8308 OF 2023
Coram: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Decided on: 25TH DAY OF OCTOBER 2023
Introduction:
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973. Petitioner is alleged to have attacked the victim for rejecting his marriage proposal. Due to the attack, the victim lost four fingers. Petitioner was arrested on 28.06.2022 and has been in jail since then.
Facts:
It is contended that, petitioner has been in custody since 28.06.2022, and having regard to the long period of detention already undergone, he ought to be released on bail. The learned Senior Public Prosecutor on the other hand opposed the application and contended that, this Court had, on an earlier occasion rejected the bail application noticing the serious threat to the victim and also taking note of the nature of injuries inflicted.
According to the prosecution, the accused, due to an enmity for rejecting his marriage proposal by the victim, attacked her on 15.04.2022 with a chopper, explosives and petrol and even destroyed the window glasses and set fire to the kitchen by pouring petrol.
On hearing the hue and cry, when parents and brother of the victim came out of the house, he attacked them ruthlessly, causing injuries to the victim as well as her parents and brother. In the attack, the victim lost four fingers of her right hand and the accused thereby committed the offences punishable under Sections 447, 341, 326, 307, 436 and 427 of the Indian Penal Code with Section 27 of the Arms Act, 1959 and Section 9B(1)(b) of the of the Explosives Act, 1884.
Court’s analysis and Judgement
Though the allegations are serious in nature and the petitioner has a history of having absconded earlier, Justice pointed, considering the long period of detention already undergone, further detention would amount to conviction without trial. Since, it is submitted that, the case is already pending before the Sessions Court and is posted for hearing of the charge on 15.11.2023, I am of the view that, further detention ought not to be permitted. However, strict conditions should be imposed. accordingly, this application is allowed
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Written by- Sushant Kumar Sharma