Kerala High Court
Martin Antony vs State Of Kerala on 5 March, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY ,THE 05TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940
Bail Appl.No. 1116 of 2019
AGAINST THE ORDER/JUDGMENT IN SC 118/2018 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM DATED 28-03-2018
CRIME NO. 297/2017 OF NEDUMBASSERY POLICE STATION , ERNAKULAM
PETITIONER:
MARTIN ANTONY
AGED 26 YEARS
S/O.ANTONY, POUTHUSSERY HOUSE, THIRUMUDYKUNNU KARA,
KORATTY ESTATE.P.O. KORATTY VILLAGE, TRICHUR.
BY ADV. SRI.T.D.ROBIN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY CIRCLE INSPECTOR OF POLICE PERUMBAVOOR
(CRIME NO.297/2017 OF THE NEDUMBASSERY POLICE
STATION) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA.
OTHER PRESENT:
SRI.SUMAN CHAKRAVARTHY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1116 of 2019
2
ALEXANDER THOMAS, J.
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B.A.No.1116 of 2019
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Dated this the 05th day of March, 2019
ORDER
It is an application for regular bail filed under Sec.439 of the Code of Criminal Procedure, 1975 by the 2nd accused in Sessions Case SC No.118/2018 on the file of the Principal Sessions Judge, Ernakulam.
2. Heard Sri.T.D.Robin, learned counsel appearing for the applicant/A2 and Sri.Suman Chakravarthy, learned Public Prosecutor appearing for the State of Kerala.
3. As aforestated, the petitioner is the 2 nd accused in the aforementioned Sessions Case, which is now on the file of the Sessions Court, Ernakulam, wherein he along with the other co-accused persons are alleged to have committed offences under Sec.120B, 201, 212, 342, 366, 376D & 506 IPC and under Secs.66E & 67A of the Information Technology (Amendment) Act, 2008. This is the eleventh application for regular bail filed by the petitioner/accused. The learned Prosecutor would submit that recently this Court has passed order, ordering the transfer of the B.A.No.1116 of 2019 3 case from the file of the court of the Principal Sessions Judge, Ernakulam to the Special Court dealing with CBI cases (which is presided over by a Woman Sessions Judge) at Ernakulam and that charge has not so far been framed by the Sessions Court.
4. The penultimate bail application was dismissed by this Court on 08.12.2017 and the last bail application has been dismissed by this Court on 25.06.2018, as per Annexure-III order. After hearing both sides in extenso, this Court is of the considered view that there has been no material changes in circumstances after the dismissal of the early bail applications. Hence, this Court is not inclined to accede to the above request for grant of regular bail to the petitioner. However, having regard to the fact that many of the co-accused including the petitioner/A2 has been languishing in jail for the last more than two years, this Court would certainly venture to take the view that the matter requires to be expeditiously finalised. Now it is stated by the learned Public Prosecutor that the charge has not so far been framed by the Sessions Court, etc. It is by now too well established to require the citation of any judicial authority that expeditious conclusion of the police investigation process as well as the criminal trial is certainly an inalienable facet and component of the right to fair trial which in turn is a facet of B.A.No.1116 of 2019 4 right to dignified life as guaranteed under Article 21 of the Constitution of India. Hence, this Court would deem it necessary to issue necessary directions to ensure the early commencement and expeditious conclusion of the trial process. Accordingly, it is ordered that the Sessions Court concerned will take up necessary steps for framing of the charges unless there are any other legal obstacles in that regard and may also take all reasonable measures possible under the circumstances to ensure the early commencement and conclusion of the trial, without much delay, preferably within a period of 6 months from the date of production of a certified copy of this order. The Registry will forward a copy of this order to the Sessions Court concerned, for necessary information and further action.
With these observations and directions, the above Bail Application will stand dismissed.
Sd/-
ALEXANDER THOMAS JUDGE vgd/05.03.19