Bail applicants accused in a political murder case applied for release. The single-judge bench dismissed the petition, citing the serious nature of the offence, lack of personal enmity, and public interest safety concerns despite custody delays.
Bail application dismissed; petitioners 1, 2, 4, and 6 to remain in custody.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 16TH DAY OF FEBRUARY 2016/27TH MAGHA, 1937
Bail Appl..No. 551 of 2016 ()
CRIME NO. 321/2015 OF PAVARATTY POLICE STATION, THRISSUR DISTRICT
APPLICANTS/ACCUSED NOS. 1 TO 6 :
1. NAVEEN, AGED 22 YEARS
2. PRAMOD, AGED 30 YEARS
3. RAHUL, AGED 24 YEARS
4. VIASYAK, AGED 28 YEARS,
5. SUBIN @ KANNAN, AGED 29 YEARS,
6. BIJU, AGED 34 YEARS,
BY SENIOR ADVOCATE SRI.P.VIJAYA BHANU
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. C. RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
K.ABRAHAM MATHEW J.
B.A.No.551 of 2016
Dated this the 16th day of February, 2016
ORDER
Petition filed under Section 439 of the Cr.P.C.
B.A.No.551 of 2016 2
very serious nature. The victim in this case was allegedly murdered on account of political enmity. Nobody has a case that the petitioners had any personal enmity towards him. Political murder is on the increase in the State especially in Thrissur district in which the incident in this case took place. Recently there have been several political murders in the same district. General election to the State Legislative Assembly will be held within two months. In these circumstances releasing the petitioners on bail is not at all safe. Public interest demands that they shall not be granted bail.
In the result, this application is dismissed.
Sd/- K.ABRAHAM MATHEW JUDGE
cms
/True copy/ P.S.to Judge
2 issues framed by the court
Whether the petitioners are eligible for bail despite co-accused receiving bail given the delay and nature of murder charges.
Whether the risk to society due to political murder in the region precludes granting bail.
Colour shows how this judgement treated each authority
Kalyan Chandra Sarakar Vs. Rajesh Renjan @ Pappu Yadav & anotherReferred¶45
Kalyan Chandra Sarakar Vs. Rajesh Renjan @ Pappu Yadav & another (AIR 2004 SC 1866) · Who else cites this
1 provisions across 1 enactments
Naveen
Pramod
Rahul
Viasyak
Subin @ Kannan
Biju
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
