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A. BADHARUDEEN
Akshay @ Ajeesh @ Anathu, S/o. Aneesh T, Akshaya's Veedu – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
1. Crl.Appeal No.1121 of 2022 and Crl.Appeal No.1132 of 2022 arise out of orders dated 20.10.2022 in Crl.M.P.No.1252/2022 and 18.10.2022 in Crl.M.P.No.1262/2022 respectively on the file of the Special Court for Trial of offences under Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC/ST(POA) Act’ for convenience), Mannarkkad. Accused No.11 is the petitioner in Crl.M.P No.1252/2022 and accused Nos.2 and 5 are the petitioners in Crl.M.P.No.1262/2022 in Crime No.159/2022 of Agali Police Station.
2. Accused Nos.2, 5 and 11 in the same crime have filed Crl.Appeal Nos.1132/2022 and 1121/2022 challenging dismissal of default bail application and regular bail application respectively, submitted by the accused before the Special Court.
3. Heard the learned counsel for the appellants as well as the learned Public Prosecutor in detail. In these matters though notices were given to the defacto complainant as mandated under Section 15-A(3) of the SC/ST (POA) Act, the defacto complainant did not appear.
4. In Crime No.159/2022, the prosecution alleges commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, 307
Even an oral application would suffice the requirement of default bail.
The main legal point established in the judgment is the accused's entitlement to statutory bail if the charge sheet is not filed within the specified period, emphasizing the importance of personal li....
Bail Court while considering bail under Section 167(2) Cr.P.C., is having no power or jurisdiction to go into merits of case.
The entitlement to statutory bail under Section 167(2) of Cr.P.C is based on the expiry of the stipulated period for filing the charge sheet and the accused's willingness to furnish bail, emphasizing....
The main legal point established in the judgment is that an oral application can be sufficient to release an accused on statutory bail, and the failure to file the final report within the statutory t....
The main legal point established in the judgment is that the right to default bail under section 167 of the CrPC is enforceable only prior to the filing of the charge-sheet and does not survive or re....
The right to default bail is indefeasible if the prosecution fails to file a chargesheet or extension application within the statutory period, and oral submissions during bail hearings suffice for cl....
Filing of a charge-sheet within the statutory period extinguishes the right to default bail, as established under Section 167(2) of the Code of Criminal Procedure.
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