Kerala HC Cancels Bail Granted To Rape & Murder Accused; Drops Proceedings Against Public Prosecutor And Counsel For Accused [Read Order]

The Kerala High Court has cancelled the bail granted to a rape and murder accused.

Earlier, the High Court had granted bail to Safarshah, accused of kidnap, rape and murder of a minor girl aged 17 years, on the ground that no charge sheet even after 90 days of the arrest of the accused. Later, the Senior Public Prosecutor filed a petition seeking recall of the order stating that the submission made by the Public Prosecutor (that no charge sheet was filed) was an inadvertent mistake.

Justice PV Kunhikrishnan heard the case in detail and also referred to the recorded video conference session. The judge noted:

"I heard the recorded video conferencing of Bail Applications, once again. B.A.No.2449 of 2020 was item No.4 in the cause list. It is a fact to be noted that, when Bail Application No.2449 of 2020 came up for consideration on 12.5.2020, this Court was not inclined to grant bail to the petitioner. But, the learned Public Prosecutor submitted that, final report is not filed and 90 days over after the remand of the accused. But, even then, it is to be noted that, the learned Public Prosecutor Sri.C.K.Prasad was continuously opposing the Bail Application stating that, it is a serious offence and therefore, this Court may not entertain the Bail Application, even if the accused is entitled statutory bail. The learned counsel appearing for the accused submitted that, he is entitled statutory bail under Section 167 Cr.P.C. In such circumstances, when the accused has got a statutory right under Section 167 Cr.P.C., this Court allowed the Bail Application as per the order dated 12.5.2020."

The court said that there is no serious dereliction of duty from the part of the Public Prosecutor. The court said that, when the mistake is identified, the Prosecutor brought to the notice of this Court about his mistake. Therefore, the proceedings against Public Prosecutor was dropped.

The Court also accepted the apology tendered by the counsel for the accused. The judge said:

The counsel.. is a young budding lawyer who started practice only three years back. I don't want to trouble him in this case by making any further observation. I accept his apology. The relationship between Bench and the Bar is important in justice delivery system. The court is acting based on the submission of the lawyers. Every lawyer is bound to submit true facts before the Court. If the lawyers are coming before the Court and twisting facts, the Court will be helpless. The burden of the Court will increase. Mutual trust is important. I leave it there.  

The Court then proceeded to cancel the bail invoking the powers under Section 439(2) Cr.P.C. The accused has already been arrested in compliance of the earlier order of the court.

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