Dismissed

Sajith v. State of Kerala

Kerala HC11 Jun 2018Bail Appl./52/2018

Case brief

AI extract

What is this about?

The Kerala High Court dismissed two anticipatory bail applications filed by accused persons in a murder case. Rejecting the claim that they had no role in the incident, the bench noted that witness statements and case diary materials pointed to their involvement, holding that they were not entitled to the relief sought.

What did the court decide?

The petitions for anticipatory bail were dismissed.

Sajith 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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940

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Bail Appl..No. 52 of 2018 -------------CRIME NO. 526/2017 OF OTTAPALAM POLICE STATION, PALAKKAD

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PETITIONER(S)/ACCUSED:

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SAJITH, AGED 23 YEARS, S/O. SADANANDAN, THEKKINKATTIL, KANNIYAMPURAM, OTTAPPALAM.

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BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE

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RESPONDENT(S)/STATE :

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

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ERNAKULAM-682031, (CRIME NO. 526/2017 OF OTTAPPALAM POLICE

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STATION, PALAKKAD DISTRICT).

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2. STATION HOUSE OFFICER,

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OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT-679101,

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CRIME NO. 526/2017 OF OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT).

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BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2018 ALONG WITH B.A. NO.44/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V., J

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

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B.A. Nos. 52 & 44 of 2018

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

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Dated this the 11^th day of June, 2018

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ORDER

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These applications are filed under Section 438 of the Cr.P.C.

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The applicants herein are the accused Nos. 8 and 9 in Crime No.526 of 2017 of the Ottappalam Police Station, registered under Section 302 of the IPC.

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The prosecution allegation is that on 9.6.2017 at 7.30 p.m., the accused in the aforesaid crime attacked Prajin, the brother of the de facto complainant, and caused multiple injuries. He later succumbed to the injuries sustained by him.

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The learned counsel appearing for the applicants submitted that deceased Prajin was a dreaded criminal of the locality with a string of cases registered against him. On the date of incident, deceased Prajin and his associates had stabbed Ranjith, one of the accused in the instant crime and he had sustained very serious injuries. It was in the course of investigation that some of the accused were later roped in. The applicants herein had no role to play in the incident and none of the witnesses gave statement about their

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BAs.52 & 44/18

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-:2:-

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presence at the initial stages. According to the learned counsel, it was only at a later stage that a report adding the applicants as accused was submitted before court.

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I have heard the learned Public Prosecutor and the case case diary was also perused.

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I find that the names of the applicants find a place in the earliest records. One of the eye witnesses to the incident, one Gopakumar, had stated about the presence and also the overt acts of the applicants. His 164 statement was also recorded by the learned Magistrate on 7.8.2018 wherein he has narrated an eye witness account of the incident. This statement also contains the names of the applicants and the role played by them. There are also other materials in the case diary, pointing to the involvement of the applicants. A detailed evaluation of the materials is not warranted at this stage. The applicants are not entitled to an order of anticipatory bail as prayed for. These applications will stand dismissed.

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krj.11/6

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Sd/Raja Vijayaraghavan V., Judge //true copy// P.A to Judge

Sajith v. State of Kerala

Case brief

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What did the court decide?

Sajith v. State of Kerala

Case brief

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What did the court decide?

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