Dispose Bail Applications Within A Week, Pass Orders On Day Of Hearing Or Next Date: Kerala HC [Read Order]

The Kerala High Court has directed that the bail applications must be disposed of normally within one week and the orders shall be delivered on the date of hearing of the bail application itself or on the next date.

Justice B. Sudheendra Kumar issued these directions while disposing a bail application while taking note that the magistrate, in the instant case, had taken 22 days in disposing of a bail application and that she delivered order two weeks after the hearing.

The court was disposing a bail application [Santhosh Kumar vs. State of Kerala] filed by a man accused under Sections 55(a) and (i) of the Abkari Act on the allegation that on 30.7.2019 at about 9.45 p.m., the petitioner was found in possession of 18 litres of Indian made foreign liquor for the purpose of sale, in contravention of the provisions of the Abkari Act. While allowing the petition, the judge issued these directives:

(1) The bail applications filed under Section 437 of the Code must be disposed of normally within one week.
(2) The orders on such bail applications shall be delivered on the date of hearing of the bail application itself or on the next date.
(3) The copy of the order on the bail applications shall be served on the date of pronouncing the order itself.

Taking serious exception to this trend, the judge further observed:

Instances have been brought to this Court with regard to the delay in delivering the orders on Bail Applications in the Criminal Courts. The Criminal Courts have to deliver judgments within four days of conclusion of the trial. However, no such direction was brought to the notice of this court by the Registry in respect of bail applications. In such a situation, this Court is of the view that it is imperative that the criminal courts must deliver orders on the bail applications on the date of hearing itself or on the next day, subject to the rider that the bail applications must be normally disposed of within one week from the date of filing the same.

Holding that there was serious omission on the part of the Magistrate in dealing with the bail application, the judge further remarked

It further appears that the learned Magistrate was not aware even at the time of transmitting remarks to this Court that there was serious omission on her part in disposing of the bail application in this case. Having gone through the relevant inputs, this Court is of the view that the learned Magistrate needs proper guidance to improve her competency as a Judicial Officer. Therefore, some remedial measures are to be taken in this case. However, I leave that aspect to be considered on the administrative side of the High Court with the permission of the Hon'ble the Chief Justice. This Court hopes that the Registry will look into the matter seriously.

The judge, however, observations made in this order are not intended to be treated as adverse remarks against the Officer concerned and thus they shall not be used against the Officer concerned for any purpose.

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