Allowed

Akhil Asok v. State of Kerala

Kerala HC12 Apr 2018Bail Appl./2412/2018

Case brief

AI extract

What is this about?

This single-paragraph bail order grants bail to the 8th accused in a deadly murder conspiracy case. The petitioner, with no criminal record and initially omitted from the police report, received bail on strict conditions despite the gruel nature of the offence.

What did the court decide?

Bail granted on bond of Rs.70,000 with two sureties; restricted from entering locality; no interference with witnesses.

Akhil Asok Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2018)

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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 SUNIL THOMAS

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THURSDAY, THE 12TH DAY OF APRIL 2018 / 22ND CHAITHRA, 1940

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Bail Appl..No. 2412 of 2018

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AGAINST THE ORDER/JUDGMENT IN Bail Appl. 7596/2017 of HIGH COURT OF KERALA AGAINST THE ORDER/JUDGMENT IN Bail Appl. 503/2018 of HIGH COURT OF KERALA CRIME NO. 234/2017 OF HARIPPAD POLICE STATION , ALAPPUZHA

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PETITIONER(S)/ACCUSED NO.8:

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AKHIL ASOK @ SWARNAPPAN, (AGED 25,WRONGLY SHOW AS 29 IN THE FINAL REPORT), S/O.ASOKAN,PUTHUVILAYIL HOUSE,VADAKKUMMURI, KARUVOTHA VILLAGE,ALAPPUZHA DISTRICT.

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BY ADVS.SRI.B.RAMAN PILLAI (SR.) SRI.R.ANIL SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B. SRI.T.ANIL KUMAR SRI.THOMAS ABRAHAM (NILACKAPPILLIL) SRI.E.VIJIN KARTHIK SRI.THOMAS SABU VADAKEKUT

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RESPONDENT(S)/COMPLAINANT.:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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R BY PUBLIC PROSECUTOR:SRI C N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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=================

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B.A.No.2412 of 2018

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=================

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Dated this the 12^th day of April, 2018

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ORDER

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Petitioner herein stands arrayed as the 8^th accused in Crime No.234 of 2017 of Harippad Police Station for offences punishable under sections 143, 147, 148, 307 and 302 r/w 149 of the Indian Penal Code.

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It was alleged by the prosecution that, due to the belief that, one Jishnu was actively involved in the murder of Ullas, who was a close friend of the accused and that Jishnu had also attempted to commit the murder of accused 2 and 5, all the accused totalling to 17 in number, entered into a criminal conspiracy on 09.02.2017 and 10.02.2017 to commit the murder of said Jishnu. In furtherance of the above conspiracy, on 10.02.2017 accused Nos.1 to 6 and 8 chased Jishnu while he was travelling on a motor cycle along with his friend and attacked him. He escaped to a nearby house and after breaking the door open, they attacked Jishnu with swords, sticks and arms and inflicted serious bodily injuries. He died on the way to the hospital. Crime was registered and most of the accused were arrested on various dates.

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B.A.2412/18

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The earlier bail applications filed by the petitioner herein as B.A.Nos.7596 of 2017 and 503 of 2018 were dismissed by this Court specifically taking into consideration the gruesome nature of murder of the victim, who was chased and after breaking open the door, was hacked to death. This Court also to be noted that the victim had sustained about 36 injuries on his body. It was also noticed that, it was a part of a series of incidents which led to death of few persons one after another. It was also submitted that by the learned Public Prosecutor that, three murders took place in the locality within 34 days. Learned Senior Counsel for the petitioner submitted that the petitioner herein has been roped in wrongly and was not referred to in the FIS even.

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Opposing the application, learned Public Prosecutor submitted that the petitioner is directly involved in the commission of crime and that, his name was revealed on the statement given and recorded on the next day. He has also used a dangerous weapon.

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It is true that, all the above grounds were considered by this Court earlier and consistently dismissed the bail application of the prime accused. It was reported that the first accused is yet to be arrested and he is still absconding. The main person who allegedly

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B.A.2412/18

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participated in the actual commission of crime is accused Nos.1 to 6 and 8. It is also to be noted that the petitioner herein is in custody since 10.02.2017. However, inspite of the above, there seems to be very narrow distinction regarding the role of the petitioner herein which distinguishes the petitioner herein from the other accused. It seems that the name of the petitioner herein was not mentioned in the FIS, though, his name was revealed on the next day. Petitioner herein has no criminal antecedents. To that extent, atleast petitioner herein stands on a slightly different footing from that of accused Nos.1 to 6, who allegedly participated in the commission of the crime directly and the names mentioned. Some of them are involved in several other crimes also. On this basis alone, I am inclined to grant the benefit of bail to the petitioner herein at this length of time on strict conditions.

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(i) Petitioner herein shall execute a bond for a sum of Rs.70,000/- (Rupees seventy thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) He shall not get involved in any other offences of any nature, if involved, will result in cancellation of the present bail in accordance with law.

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(iii) He shall not threaten, coerce or intimidate the de facto complainant and the

B.A.2412/18

witnesses

(iv) Till the trial is over, he shall not enter the limits of Harippad Police Station except for the appearance of the petitioner herein in any Court of law where his presence is mandatory required.

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(v) It is made clear that, in case of extreme emergency, he will be entitled to enter the limits with the express permission in writing of the jurisdictional court where the matter is pending.

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The bail application is allowed as above.

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Sd/-

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SUNIL THOMAS Judge

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Sbna/12/4/18

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True Copy / P A to Judge

Akhil Asok v. State of Kerala

Case brief

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Akhil Asok v. State of Kerala

Case brief

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