Kerala HC Seeks Explanation From Sessions Court For Keeping Bail Application Pending Despite Its Directions

Justice Ziyad Rahman A A has directed the Registry to call for a report from the Assistant Sessions Court, Kasargod and has posted the matter for further consideration on 25^th November 2022.

The petition was moved for quashing of proceeding pending against the accused in the Lower Court for alleged commission of offences under Sections 323, 326, and 307 r/w 34 of IPC. 

The aforesaid case was registered on the allegation that the petitioner, along with the other accused persons, in furtherance of their common intention to commit the murder of the nephew of the de-facto complainant, attacked and stabbed him and inflicted serious injuries. However, both the 1st and 3rd accused faced trial and were acquitted. Therefore, the petitioner contended that it was evident from the judgments that the 1st and 3rd accused stood trial and were acquitted on the ground that there is no legal evidence available to prove the commission of the crime and continuation of the trial will amount to harassment to the accused. 

When the matter came before the High Court, it noted that the petitioner-accused is absconding and the matter was included in the Long Pending Register. Thereby, it had directed the petitioner to surrender before the Assistant Sessions Court Kasargod and to submit the necessary bail application within a period of two weeks.

In the event of such surrender and submission of application, the same shall be considered by the Assistant Sessions Judge on the date of surrender itself, provided the petitioner gives advance notice to the Public Prosecutor concerned, the Court had ordered.

To enable the petitioner to surrender before the Assistant Sessions Judge, the Court had also ordered that the execution of the non-bailable warrant against him shall be kept in abeyance for a period of two weeks.

Despite this, the Lower Court failed to dispose of the bail application and thereby, the High Court has sought an explanation from the Judge for the non-compliance.

Advocates Rahul Sasi, Neethu Prem, Manu K. Murali and Anand Mahadevan appeared for the petitioner.

Case Title: Muhammed Jashid P. A. v. State of Kerala