Not Mandatory To Hear Victim While Considering Rape Accused's Plea For Default Bail: Kerala HC [Read Order]

The Kerala High Court has held that provision contained in Section 439 of the Code of Criminal Procedure does not apply to an application for bail under Section 167 CrPC.As per Section 439 CrPC, the presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section of section 376. The Kerala High Court has held that provision contained in Section 439 of the Code of Criminal Procedure does not apply to an application for bail under Section 167 CrPC. If the investigating agency fails to file the final report in the case within the time prescribed, the accused in custody gets an absolute right to bail As opposed to Section 167, a court acting under Sections 437 and 439 are guided by different considerations in exercising its judicial discretion namely the nature of accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his ascendance; character, behaviour and standing of the accused and the circumstances which are peculiar to the accused; larger interest of the public or the State and similar other considerations The court said that purpose of Section 439 of the Code is to ensure that a victim or a person acting in the interest of the victim shall also be heard before a decision on a bail application is made. In the aforesaid circumstances, I am inclined to hold that the provision contained in Section 439 of the Code does not apply to an application for bail under Section 167 of the Code" Holding thus, the bench held that the accused was entitled to bail under Section 167 of the Code Case name: X vs. State of Kerala Case no.