Kerala High Court
Jamal Hussain vs State Of Kerala on 27 June, 2024
BA No.5088 of 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
BAIL APPL. NO. 5088 OF 2024
CRIME NO.197/2024 OF Varandarappally Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.10535 OF 2023
OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
JAMAL HUSSAIN,
AGED 20 YEARS
S/O SEKHABBAR, C/O ALIM UDDIN, SARKEY BASTI, HOJAI,
NAKHUTI P.R.F NAGAON DISTRICT, ASSAM, PIN - 782446
BY ADVS.
MANUMON A.
REBIN VINCENT GRALAN
DINESH G WARRIER
SANTHOSH.T.P
SURESH C.
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
OTHER PRESENT:
PP-SRI.C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.5088 of 2024 2
SOPHY THOMAS J.
-------------------------------------
B.A.No.5088 of 2024
---------------------------------
Dated this the 27th day of June 2024
ORDER
This is an application for regular bail filed by the sole accused in
Crime No.197 of 2024 of Varandarappally Police Station, Thrissur
registered for offences punishable under Sections 341,326,324,307,302
of IPC and Section 75 of the Juvenile Justice Act.
2. The prosecution allegation is that, on 30/03/2023 at about 7
A.M., the petitioner, who is a relative of the injured defacto complainant
(Najma Khatoon), picked up quarrel with her and attacked her five year
old son with a chopper and the child succumbed to the injuries and his
mother/defacto complainant suffered fatal injuries, which was sufficient
in the ordinary course of nature to cause her death. The petitioner
inflicted injuries on another man who tried to prevent the petitioner from
attacking the defacto complainant and her son.
3. Heard learned Counsel for the petitioner as well as learned
Public Prosecutor.
4. Learned Public Prosecutor vehemently opposed the application
stating that the petitioner belongs to Assam and if he is released on bail,
it may be difficult to get his presence for trial. Moreover, his earlier bail
application was dismissed directing the trial court to expedite the trial
and to dispose it of within a period of five months from the date of the
order i.e. 9.1.2024. Subsequently, the trial court reported to this Court
that DNA report was not received and so trial could not be commenced.
But, now FSL report has been produced before the trial court and
learned Public Prosecutor produced copy of the FSL report dated
14/5/2024 to show that there is no impediment for the trial court to
proceed with the trial.
5. As per order dated 6/6/2024, this Court had directed the Joint
Director of the Regional Forensic Science Laboratory, Thrissur to
expedite the chemical analysis and to forward the DNA report to the
Trial Court as early as possible, and to dispose SC No.1067/2023 within
a period of four months after receipt of the DNA report. At that juncture,
the petitioner came up with this Bail Application stating that the delay in
receiving the DNA report is unnecessarily curtailing his liberty, and as
he is in judicial custody from 30/3/2023 onwards, he has to be released
on bail.
6. Copy of the FSL report produced by the Public Prosecutor shows
that, it was dated 14/5/2024. So by this time, it might have reached the
trial court, and direction is already there to dispose SC No.1067/2023
by the trial court within a period of four months from the date of receipt
of the DNA report.
6. Considering the allegations made against the petitioner,
especially that the petitioner attacked a lady and her five year old son, in
which her son lost his life and also considering the fact that, the
petitioner is hailing from Assam and if he is released on bail, it may be
difficult for the trial court to get his presence to conclude the trial within
the time limit stipulated by this Court, this Court is not inclined to allow
this application.
The Bail Application is dismissed, reminding the trial court to
dispose SC No.1067/2023 within four months from the date of receipt of
the DNA report.
The registry to forward a copy of this order to the trial court
forthwith.
Sd/-
SOPHY THOMAS
Judge
dpk
