The High Court of Kerala refused bail to the petitioner, who was facing charges under Cr.P.C. sections 41(i)(d) and 102. Instead, the court directed the trial court to complete the trial within three months to satisfy the constitutional right to a speedy trial.
Bail refused; trial court directed to dispose of cases by 27.2.2007.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
THURSDAY, THE 1ST FEBRUARY 2007 / 12TH MAGHA 1928
Bail Appl..No. 453 of 2007()
---------------------------CRIME NO.186/06 OF EDACHERY POLICE STATION
: PETITIONERS:
ASHKAR SALEEM, AGED 26 YEARS, S/O.MOIDEEN, THAZHEVERATH, PONMERIPARAMBIL, VILLIAPPALLI, KOZHIKODE DISTRICT.
BY ADV. SRI.P.NARAYANAN SRI.M.C.RATNAKARAN
RESPONDENTS:
STATION HOUSE OFFICER, EDACHERY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
B.A. Nos. 453, 454 and 455OF 2007 B ````````````````````````````````````````````````````
Dated this the 1st day of February, 2007
O R D E R
The common petitioner in these bail applications, the accused in Crime No.186/06 of Edachery Police Station registered for offences punishable under sections 41(i)(d) and 102 Cr.P.C., seeks enlargement on bail. All the cases are now pending trial before the JFCM, Vatakara as C.C.No.422/06, S.T.No.2450/06 and C.C.No.496/06.
2
BA.453/07 and connected cases
Accordingly, the JFCM, Vatakara is directed to dispose of the aforementioned cases on or before 27.2.2007. In case, that court is not able to comply with the above time limit, it shall send a report to the Registry of this court through proper channel explaining the reasons as to why the above cases could not be disposed of within the above time frame.
These applications are disposed of as above.
(V. RAMKUMAR, JUDGE)
aks
2 issues framed by the court
Whether bail should be granted to the accused given the opposition of the public prosecutor and previous orders refusing bail.
How to ensure the petitioner's right to a speedy trial when the court is not inclined to grant bail.
ASHKAR SALEEM
STATION HOUSE OFFICER, EDACHERY POLICE STATION
V.RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
