Kerala High Court
Rahulraj vs State Of Kerala on 12 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943
BAIL APPL. NO. 7956 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1756/2021 OF DISTRICT COURT &
SESSIONS COURT,TRIVANDRUM, THIRUVANANTHAPURAM
SC 909/2021 OF SUB COURT,NEYYATTINKARA, THIRUVANANTHAPURAM
CRIME NO.1002/2021 OF KANJIRAMKULAM POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.1:
RAHULRAJ,
AGED 26 YEARS
S/O. RAJEDNRAN, AMBALATHATTTU VEEDU, POUTHALAM, KOTTUKAL
DESOM, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM-691306.
BY ADV E.VIJIN KARTHIK
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
SMT.SREEJA V. - SR.P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.11.2021, ALONG WITH B.A.7963/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7963 OF 2021 & 7956 of 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943
BAIL APPL. NO. 7963 OF 2021
AGAINST THE ORDER/JUDGMENT IN CP 4/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,NEYYATTINKARA,
THIRUVANANTHAPURAM
CMP 61/2021 IN SC 939/2021 OF SUB COURT,NEYYATTINKARA,
THIRUVANANTHAPURAM
CRIME NO. 910/2020 OF KANJIRAMKULAM POLICE STATION
PETITIONER/ACCUSED:
RAHULRAJ
AGED 26 YEARS
S/O.RAJENDRAN, AMBALATHATTU VEEDU, PUTHALAM,
KOTTUKAL DESOM, KOTTUKAL VILLAGE.
BY ADV E.VIJIN KARTHIK
RESPONDENT/STATE :
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA-682031.
OTHER PRESENT:
NOUSHAD.K.A- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.11.2021, ALOANG WITH B.A.7956/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7963 OF 2021 & 7956 of 2021
3
ORDER
This petitioner is the first accused in Crime No.910/2020 of
Kanjiramkulam police station, Thiruvananthapuram District
registered for the offence punishable under Sections 341, 294(b),
323, 324 and 308 of IPC.
2. The investigation of the case is over and it is now
pending as SC 939/2021 before the Assistant Sessions Judge,
Neyyattinkara. Since the petitioner is in custody, I have called for
a report from the Court concerned regarding the time required for
disposal. In S.C. No.909/2021 this petitioner is the first accused
and trial has already started as the last posting date for evidence
was 02.11.2021.
3. The learned Assistant Sessions Judge, Neyyattinkara as
per letter dated 7.11.2021 has reported that only 7 witnesses are
cited by the prosecution and charge has already been framed and
the case stands posted for evidence to 12.11.2021 i.e. today. The
time requested for disposal of both cases is 28.2.2022.
BAIL APPL. NO. 7963 OF 2021 & 7956 of 2021
4. Heard both sides. As reported by the learned Assistant
Sessions Judge, there are only 7 witnesses to be examined by the
prosecution. So the time sought for disposal of this case after
completion of the examination of 7 witnesses as sought for by the
learned Assistant Sessions Judge is on the higher side. Since the
petitioner is undergoing incarceration from 18.9.2021, and the
case was posted for evidence to 2.11.2021, I think that the trial
court can be directed to dispose of both the cases (S.C. 909/2021
and SC 939/2021) on or before 31.1.2022. Since the petitioner
is remaining in custody, day today trial has to be conducted by
the learned trial Judge. Therefore, a direction can be given to the
trial judge to dispose of the cases by 31.1.2022. If the disposal of
the cases are further delayed, the petitioner is at liberty to
approach this Court for his release on bail even though he is a
history sheeter.
With this observation, these bail applications are disposed of.
SHIRCY V.
JUDGE
Al/-
