The High Court of Kerala dismissed an anticipatory bail application filed by an Excise officer accused of custodial murder. The court found cogent evidence of torture and refused bail as it might prejudice the investigation.
Application for pre-arrest bail dismissed; no bail granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941
BAIL APPL..NO.7265 OF 2019
CRIME NO.458/2019 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.1 :
UMMER.V.A, AGED 49 YEARS S/O. ASHARAF, VALIYAKATH HOUSE, ILAYIPURA P.O., CHALAKUDY, THRISSUR DISTRICT.
BY ADVS. SRI.BABU S. NAIR SHRI.NAVEEN T.U.
RESPONDENTS/STATE & COMPLAINANT :
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, KOCHI, PIN - 682 031.
2 THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION, THRISSUR DISTRICT, PIN - 680 507.
SRI SAJJU S, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL..NO.7265 OF 2019
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ORDER
This application is filed under Section 438 of the Cr.P.C.
Enforcement and Anti Narcotic Special Squad, Thrissur. He finds himself arrayed as the 1st accused in Crime No.458 of 2019 registered at the Pavaratty Police Station.
BAIL APPL..NO.7265 OF 2019
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noted that Renjith Kumar had suffered several antemortem injuries which gave an indication of custodial torture. It was opined that Renjith Kumar had suffered 12 blunt force injuries to the head and trunk and each of the injuries were collectively and individually sufficient in the ordinary course of nature to cause death. On receipt of the said report, Section 174 of the Cr.P.C was deleted and Section 302 IPC was added.
due to the efforts of the excise personnel, he was arrested on 1.10.2019. On interrogation, he revealed that Ganja was stored elsewhere. To recover the said Ganja, Renjith was taken around and it was realised later that the information given by him was false. While the officers were returning back, Renjith exhibited violence and jumped
BAIL APPL..NO.7265 OF 2019
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out of the running jeep and suffered injuries. According to the learned counsel, the applicant is innocent and he has been roped in as an accused on vague materials.
BAIL APPL..NO.7265 OF 2019
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to a godown and he was subjected to third degree methods. In the facts and circumstances, I find no reason to grant an order of pre-arrest bail
to the applicant. Furthermore, it would not be proper for this Court to go into a deeper probe with regard to the evidence collected by the prosecution as it is likely to prejudice the cause of the applicant.
I find no merit in this application and the same will stand
dismissed.
Sd/RAJA VIJAYARAGHAVAN V., JUDGE
NS
1 issue framed by the court
Whether the court should grant pre-arrest bail to an accused facing allegations of custodial torture where investigation suggests foul play.
1 provisions across 1 enactments
Ummar.V.A
The State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
