Dismissed

Chenthamara v. State of Kerala

Kerala HC18 Oct 2016Bail Appl./7371/2016

Case brief

AI extract

What is this about?

The Kerala High Court dismissed the bail application of an accused charged with murder, robbery, and concealment of the dead body. Due to the gravity of allegations and likelihood of witness intimidation, bail was denied. However, the court directed the trial to be completed within six months of committal.

What did the court decide?

Bail application dismissed; case committed without delay; trial to be completed within six months.

Chenthamara Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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TUESDAY, THE 18TH DAY OF OCTOBER 2016/26TH ASWINA, 1938 Bail Appl..No. 7371 of 2016 ()

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CRIME NO. 717/2016 OF ALATHUR POLICE STATION , PALAKKAD

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PETITIONER/ACCUSED:

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CHENTHAMARA @ CHENTHAMARAKSHAN AGED:41 YEARS, S/O NARAYANAN, SANA VILLA, KALLAYAMKONAM, CHITHALI, PALAKKAD DISTRICT

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.VIPIN NARAYAN SMT.MITHA SUDHINDRAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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BY SR. G.P. SUMAN CHAKRAVARTHY

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-102016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

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Bail Application No.7371 of 2016

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 18^th day of October 2016

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O R D E R

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The petitioner is the accused in Crime No.717 of

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2016 of Alathur Police Station registered for the offence

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under Sections 450, 452, 341, 323, 392, 394, 302 and 201 I.P.C.

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The prosecution allegation can be briefly stated

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thus:-

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On 14.7.2016 at 10.30 a.m., the petitioner criminally trespassed into the house of deceased Preethi at Chithali and pushed her head towards the wall. The petitioner thereafter covered her mouth and nose and smothered her to death. Thereafter, the petitioner robbed the gold ornaments worn by the deceased Preethi. The petitioner also took the gold

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B.A.7371/2016 : 2 :

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ornaments kept in the cupboard of the said house. Thereafter, he concealed the dead body of the said Preethi in a gunny bag and transported the same to Pollachi in his Activa scooter. He abandoned the dead body at Alamkadavu in Pollachi. The petitioner was arrested on 27.7.2016 and ever since he has been in custody.

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Heard.

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The learned Public Prosecutor has submitted that

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the final report had been filed by the police on 13.10.2016

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after completing the investigation. It appears that the above murder was a murder for gain. If the petitioner is released on bail at this stage, there is likelihood that the petitioner will intimidate and influence the witnesses who

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are likely to give evidence before the court. The chance for the petitioner repeating the offence cannot be also ruled out at this stage. Considering the nature and gravity of the allegations raised against the petitioner, it is not safe to

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B.A.7371/2016 : 3 :

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release the petitioner on bail at this stage.

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In the result, this application stands dismissed.

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However, since the final report had already been filed,

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the learned Magistrate is directed to commit the case without unnecessary delay. The learned Sessions Judge is directed to ensure that the trial of the case will be completed as expeditiously as possible and at any rate within six months from the date of receipt of the case by the Sessions court after committal proceedings. Needless to state that if the trial cannot be completed within the above said period, the petitioner shall be at liberty to approach the trial court with an application under Section 439 Cr.P.C.

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sd/- B.SUDHEENDRA KUMAR, JUDGE

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dl/18.10..2016

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// True Copy // PA to Judge

Chenthamara v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chenthamara v. State of Kerala

Case brief

What is this about?

What did the court decide?

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