Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946 CRIME NO.691/2022 OF Meppadi Police Station, Wayanad AGAINST THE ORDER DATED 09.01.2024 IN B.A.NO.10884 OF 2023 OF HIGH COURT OF KERALA PETITIONER/ACCUSED :- JITHESH, AGED 47 YEARS S/O RAVI,KIZHAKKEPARAMBIL (H), NATHAMKUNI P.O.,MEPPADI, VYTHIRI TALUK, WAYANAD DIST., PIN - 673577 BY ADVS. M.J.SANTHOSH RENJITH B.MARAR ANTONY PAUL
RESPONDENT/COMPLAINANT :- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 PP-SRI.K.M.FAIZAL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is the second application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.691/2022 of Meppadi Police Station, Wayanad registered under Sections 341, 324, 326, 307 and 302 of IPC.
2. The prosecution allegation is that, on 17/11/2022 at 9.45
am, the petitioner due to his previous enmity towards the husband of the defacto complainant, attacked her and her four year old son in a brutal manner using a chopper, while they were going to Anganwadi. The child succumbed to the injuries. The defacto complainant also was brutally attacked by the petitioner, causing serious injuries over her body.
3. Heard the learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor vehemently opposed this petition, as the petitioner is having criminal antecedents. Even in jail, he has committed another crime against the officials.
5. Learned counsel for the petitioner would submit that
investigation is over and final report has been filed and now the case is pending before Additional District and Sessions Judge -Adhoc -I, Kalpetta as S.C.No.68 of 2023. Charge has already been framed on 30.05.2024. The death of the child was not deliberate, and while attacking the defacto complainant, the child accidentally sustained injuries, resulting in his death. The petitioner is in judicial custody from 17.11.2022 onwards and so the petitioner is to be released on bail.
6. The earlier bail application (B.A.No.10884 of 2023) filed by the petitioner was dismissed by this Court on 09.01.2024. Paragraph
(6) of that order reads as follows :-
“Considering the facts and circumstances, this Court is not inclined to release the petitioner on bail, and he has to face the trial as an under trial prisoner. Otherwise, the safety and security of the defacto complainant and her family members will be in peril. The Special Court for Trial of Offences under POCSO Act & Childrens’ Court (Additional Sessions Court-I), Kalpetta, Wayanad is directed to expedite the trial in SC No.68/2023 pending before that court, and dispose it of, at the earliest.”
7. When the present bail application is taken up for hearing on
06.06.2024, a report was called for from Additional District and Sessions Judge, Adhoc-I, Kalpetta as to whether S.C.No.68/2023 was scheduled for trial and if scheduled, the date of commencement of the trial.
8. A letter dated 10.06.2024 was received from the Additional
District and Sessions Judge - I, Kalpetta stating that the trial in S.C.No.68/2023 is not scheduled as the FSL report and the material objects are not yet received from the Regional Forensic Science Laboratory, Kannur. Since, there is direction to the Additional District and Sessions Judge - I, Kalpetta to dispose S.C.No.68/2023 at the earliest, there shall be a direction to the Director of Regional Forensic Science Laboratory, Kannur, to expedite the examination in S.C.No.68/2023 (Crime No.691 of 2022 of Meppadi Police Station, Wayanad), without further delay and to forward the report to Additional District and Sessions Judge - I, Kalpetta, within a period of one month from today. On receipt of the FSL report and the material objects, the learned Additional District and Sessions Judge - I, Kalpetta has to take all earnest efforts to dispose S.C.No.68/2023
without further delay, considering the nature of the offence and also considering the fact that the petitioner is facing trial as an undertrial prisoner.
Learned Public Prosecutor to serve copy of this order to the Director of Regional Forensic Science Laboratory, Kannur. With these directions, above bail application stands dismissed. Sd/- SOPHY THOMAS JUDGE SMA APPENDIX OF BAIL APPL. 4289/2024 PETITIONER ANNEXURES :- Annexure 1 ORDER DATED 09-01-2024 IN BAIL APPL.10884/2023 ON HIGH COURT Annexure A2 THE TRUE COPY OF THE E-COURT PROCEEDINGS ON
TRIAL OF OFFENCES UNDER POCSO ACT & CHILDREN'S COURT (ADDITIONAL SESSIONS COURT- I), KALPETTA, WAYANAD IN S.C. NO. 68/2023 Annexure A3 THE TRUE COPY OF THE E-COURT PROCEEDINGS ON TRIAL OF OFFENCES UNDER POCSO ACT & CHILDREN'S COURT (ADDITIONAL SESSIONS COURT- I), KALPETTA, WAYANAD IN S.C. NO. 68/2023