Dismissed

Baliya Nayak v. State of Kerala

Kerala HC8 Dec 2021Bail Appl./8751/2021

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application in a murder case. Instead of granting bail, the Court directed the Sessions Judge to prioritize the case, frame charges immediately after March 2022, and complete the trial within six months of trial commencement to prevent further delay.

What did the court decide?

Nil; the Court directed the Sessions Judge to prioritize the case and ensure trial commencement by June 2022 and disposal within six months thereafter.

Baliya Nayak Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943

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BAIL APPL. NO. 8751 OF 2021

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AGAINST THE ORDER IN SC 690/2021 OF II ADDITIONAL DISTRICT COURT,

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TRIVANDRUM

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CRIME NO. 2272 OF 2018 OF KAZHAKKUTTOM POLICE STATION,

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THIRUVANANTHAPURAM

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PETITIONERS/ACCUSED:

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BALIYA NAYAK AGED 26 YEARS S/O.ACHUTA NAYAK, GOLAGOLA, KHANDUGAON, RANAPUR, NAYAGATH, ODISHA - 752 070.

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BY ADV LIJU. M.P

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RESPONDENT/STATE:

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STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY ADVS. DIRECTOR GENERAL OF PROSECUTION SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.8751/2021

ORDER

Dated this the 8^th day of December, 2021

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The petitioner is the sole accused in S.C. No. 690 of 2021

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pending before the Additional Sessions Court-II, Thiruvananthapuram. The offence alleged against him is under Section 302 of Indian Penal Code. The alleged incident was on 23.12.2018. But as per the records, the petitioner was arrested only on 23.01.2021 from Odissa. The prosecution case is that after committing the alleged offences, he left to his native place and was absconding. So, after much effort he was apprehended by the investigating team on 23.01.2021 and thereafter charge sheet has been submitted before the jurisdictional court on 30.01.2021. The petitioner is from Odissa, and he is not having a place of abode in Kerala. He was absconding since 23.12.2018, and so, if he is released on bail, there is every possibility to flee from justice causing obstacles to the trial of the case. This court has called for a report from the Sessions Judge

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B.A.8751/2021

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regarding the time required for disposal of the case as he is in custody.

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As per letter dated 23.11.2021 the learned Additional Sessions Judge-II, Thiruvananthapuram has reported that the said court is a very heavy court and old cases are pending for trial. More than 93 cases upto the year 2015 are pending for trial. Some other cases of the year 2014 are also pending for trial. In the report, it is further mentioned that cases are scheduled for trial till March, 2022. That itself would indicate that the court is unable to take up the matter before March, 2022.

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It is true that the petitioner is undergoing incarceration since 23.01.2021. As the court requires one year time after framing of charge for disposal of the case, considering the pendency of the cases in the court, I find that the time sought for is quite reasonable. But the petitioner/accused is a young man aged only 26 years and is a native of Odissa. Of-course

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B.A.8751/2021

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the offence alleged against him is grave and serious in nature, but the accused who remain in custody are entitled for preference in the matter of trial.

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Considering all these facts, I think that the learned Sessions Judge can consider this case immediately after March, 2022. Charge has to be framed at the earliest and trial has to be commenced atleast in the Month of June, 2022 and thereafter dispose of the same within a period of six months.

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With this direction, this bail application is disposed of.

Sd/-

SHIRCY V.

JUDGE

Baliya Nayak v. State of Kerala

Case brief

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Baliya Nayak v. State of Kerala

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