Bail application dismissed. Court rejected release due to trial court report indicating six months needed for disposal, directing expeditious trial within that period.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942 Bail Appl..No.1396 OF 2021
CRIME NO.295/2020 OF Vellayil Police Station , Kozhikode
PETITIONER/ACCUSED:
MUHAMMED HARSHAD .P.A AGED 29 YEARS MUNDIPARAMBA, KAPPAKKAL 673004
BY ADVS. SRI.M.MUHAMMED SHAFI SMT.T.RASINI SHRI.ABU SIDDIK P.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
2 XXX AGED XXXXX
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.MAYA.M.N., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1396/2021 2
P.V.KUNHIKRISHNAN, J
B.A.No.1396 of 2021
Dated this the 12th day of February, 2021
O R D E R
This is a Bail Application filed under Section 439 of
Criminal Procedure Code.
cases relating to atrocities and sexual violence towards women
and children, Kozhikode.
B.A.No.1396/2021 3
rape Charge Witness No.1 became pregnant. She gave birth to
a child. Hence it is alleged that the accused committed the offence.
bail application. Thereafter, the following order was passed on that day.
“The registry will get a report from the Additional District & Sessions Court for the Trial of Cases Relating to Atrocities and Sexual Violence towards Women and Children, Kozhikode regarding the time necessary to dispose SC No.527 of 2020 pending before that Court.
Issue a copy of this order to the Advocate General Office through e-mail today itself.”
stated that six months time is necessary to dispose of the
B.A.No.1396/2021 4
sessions case itself.
stage. In the light of the report from the lower court, there
can be a direction to the lower court to dispose of the sessions case itself within six months.
Therefore, this bail application is disposed directing the Additional District and Sessions Court for the trial of cases relating to atrocities and sexual violence towards women and children, Kozhikode to dispose Sessions Case No. 527/2020 as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this order.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
al/-
Muhammad Harshad .P.A
State of Kerala
XXX
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
