Bechan Rishi @ Katihar vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.187/2022 of Valayam Police Station, Kozhikode district, for having committed offences punishable under Section 302 of the Indian Penal Code.

The prosecution allegation is that on 11.05.2022 at about 9.20 pm, the accused stabbed his fellow worker with a knife in house no.12/22 of Valayam Grama Panchayath, occupied by the accused and other co-workers. A fellow worker died due to injuries. Thus, the accused committed murder for the abovementioned offences.

Learned counsel for the petitioner submitted that the petitioner had been under confinement from 12.05.2022 onwards. Hence, taking into account the period of confinement undergone by him, bail has to be granted.

Considering the fact that the petitioner has been under confinement since 12.05.2022, a report was called for from the Special Court (NDPS Act Cases), Vadakara, as to the present status of S.C.No.947/2022, arising out of crime No.187/2022 of Valayam Police Station and also as to the time required for completing the trial. As per the letter dated 09.08.2023, the learned Judge has reported that though the accused was produced regularly, his Advocate was not present. Despite several chances being given, there is no cooperation on the part of the advocate. It is further reported that at the instance of the Taluk Legal Service Authority, a legal aid counsel was appointed. The case was then posted for scheduling the trial on 22.08.2023. It seems that the charge was framed as early as on 03.02.2023, and the trial was delayed only on account of the reasons mentioned above.

Taking note of the above facts, the Court below is directed to make all endeavours to dispose of the case at the earliest, at any rate, within six months from receipt of a copy of this judgment.

Subject to the above, the Bail Application is dismissed.