The Kerala High Court dismissed an interim bail application filed by a second accused person under Section 439 Cr.P.C. The court held that delay in trial resulting from defense counsel relinquishing vakalath is attributable to the accused, who cannot claim such delay as a ground for bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940
Bail Appl..No. 2217 of 2018
CRIME NO. 1090/2015 OF PATTTANAKKAD POLICE STATION , ALAPPUZHA
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PETITIONER(S)/2ND ACCUSED
TALLISH, AGED 27 YEARS, S/O.JACOB, THAYYIL VEEDU, ANDHAKARANAZHY P.O., WARD NO.XVII, PATTANAKKAD PANCHAYATH.
BY ADV.SRI.JOHN JUDE ISSAC
RESPONDENT(S)/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE, PATTANAKKAD POLICE STATION, PATTANAKKAD, ALAPPUZHA-685 319.
BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
12.04.2018
TS
K.ABRAHAM MATHEW J.
B.A.No.2217 of 2018
Dated this the 11th day of April, 2018
ORDER
Petition filed under Section 439 Cr.P.C
In the result, this Bail Application is dismissed.
Sd/- K.ABRAHAM MATHEW JUDGE
cms
/True copy/ P.S.to Judge
1 issue framed by the court
Whether bail should be granted to the second accused solely on the ground of delay in the trial caused by counsel relinquishing vakalath.
1 provisions across 1 enactments
TALLISH
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
