High Court Kerala High Court

Pratheesh vs State Of Kerala on 22 May, 2008

Kerala High Court
Pratheesh vs State Of Kerala on 22 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3148 of 2008()


1. PRATHEESH, AGED 23 YEARS, S/O.PONNU
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.SANTHOSH  (PODUVAL)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :22/05/2008

 O R D E R
                         V. RAMKUMAR, J.
                 * * * * * * * * * * * * * * * * * *
                   Bail Appl. No. 3148 of 2008
                * * * * * * * * * * * * * * * * * *
                        Dated: 22-05-2008

                               ORDER

Petitioner who is the accused in Crime No.610 of 2007 of

Mannuthy Police Station for offences punishable under Sections

392, 411, 413 and 414 read with Sec. 34 I.P.C. seeks his

enlargement on bail. The petitioner was arrested on 10-01-2008.

2. The application was opposed on behalf of the

prosecution.

3. The contention of the learned counsel for the

petitioner is that eventhough charge-sheet has been filed in this

case, the same was beyond the statutory period stipulated under

Sec. 167 (2) Cr.P.C. and since the petitioner was not informed of

his right to default bail, the extension of his remand beyond the

statutory period was null and void and on that view the

petitioner should be granted the benefit of default bail.

4. I cannot agree. No doubt, the Magistrate had an

obligation to inform the petitioner of his right to bail on the

expiry of the statutory period stipulated under Sec. 167 (2)

Cr.P.C. But failure to inform the same or extension of the

remand beyond the statutory period cannot give rise to a right to

bail to the petitioner after the submission of the final report

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under Sec. 173 (2) Cr.P.C., particularly when there has been no

such request for bail on any day before the filing of the final

report .

5. Having regard to the nature of the offences, the nature

of properties involved in this case, the antecedents of the

petitioner, the relatively short duration of the judicial custody

undergone by the petitioner, and the other facts and

circumstances of the case, I am satisfied that if the petitioner is

released on bail, he will definitely influence and intimidate the

prosecution witnesses and will also indulge in the very same

crimes. There is also the likelihood of the petitioner making

himself scarce and fleeing from justice. I am, therefore, not

inclined to grant bail to the petitioner at this stage. Since the

petitioner is languishing in custody as an undertrial prisoner the

trial court shall make an earnest endeavour to dispose of the

case expeditiously bearing in mind that the right to speedy trial

is a fundamental right engrained in Art.21 of the Constitution of

India.

This petition is accordingly dismissed.

V. RAMKUMAR, (JUDGE)

ani.

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