Pradeep @ Kuttan v. State of Kerala

  • Order

Code of Criminal Procedure, 1973 – Section 439 Periya Twin Murder Case Long period of detention in jail, by itself, is not a sufficient ground to grant bail in a case in which the accusation is of committing double murder.

In the instant case, two young persons, who were aged 21 years and 24 years, were done to death by their political opponents. The impact of such a crime on the society cannot be ignored.

Code of Criminal Procedure, 1973 – Section 439 Even the spread of the pandemic COVID-19 cannot be projected as a sufficient ground to release an accused on bail in a case of grave crime like murder.

Code of Criminal Procedure, 1973 – Section 439 Long period of detention in jail The mere fact that the accused has undergone certain period of incarceration by itself would not entitle the accused to being enlarged on bail, nor the fact that the trial is not likely to be concluded in the near future either by itself or coupled with the period of incarceration would be sufficient for enlarging the appellant on bail when the gravity of the offence alleged is severe.

Code of Criminal Procedure, 1973 – Section 439 – Successive Bail Applications An accused has right to make successive applications for grant of bail. But, the Court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected. In such cases, the Court also has a duty to record what are the fresh grounds which persuade it to take a view different from the one taken in the earlier applications.

A bail application in a case where earlier applications have been rejected is maintainable only when there is a change in the fact situation or in law which requires the earlier view being interfered with or where the earlier finding has become obsolete. Once an application for bail is rejected by a speaking order, the change in circumstance pleaded to maintain a subsequent application shall not be specious but real and genuine.

In these circumstances, having regard to the fact that the petitioner and most of the other accused in the case are in custody for more than two years, it is proper to direct the CBI to complete the investigation in the case within a period of four months from today.

Citations : 2021 (4) KCC 214 : 2021 (4) KHC 358