High Court of Kerala dismissed a second bail application filed by accused persons charged with murder, holding that no change in circumstances existed to depart from its earlier order rejecting bail due to apprehension of tampering with evidence.
Bail application dismissed; no release 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
WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941
BAIL APPL..NO.9206 OF 2019
AGAINST CRIME NO.993 OF 2019 OF THE PUNNAPRA POLICE STATION
PETITIONERS/ACCUSED :
1 PIAS, AGED 24 YEARS S/O.FELIX, PARAYAKKATTIL HOUSE, PUNNAPRA VILLAGE, SOUTH SIDE OF PARAVUR RAILWAY CROSS, ALAPUZHA DISTRICT.
2 LIBIN SALAS AGED 25 YEARS S/O.SALAS, VALIYA VEETTIL, PUNNAPRA VILLAGE, NEAR PONTHOTTAM SCHOOL, ALAPUZHA DISTRICT.
BY ADVS. SRI.C.K.RAPHEEQUE SRI.K.B.NIDHINKUMAR
RESPONDENTS/COMPLAINANT/STATE :
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 018.
SRI AJITH MURALI PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL..NO.9206 OF 2019
2
ORDER
This application is filed under Section 439 of the Cr.P.C.
BAIL APPL..NO.9206 OF 2019 3
It is further alleged that the 1st accused then summoned accused Nos.7 to 14 over on his mobile phone and they reached the spot and Manu was brutally attacked leading to his death. It is further alleged that accused No.15 reached the spot thereafter and he is alleged to have given instructions to the rest of the accused to bury the body of the aforesaid Manu in the beach and burn his clothes and other personal items.
BAIL APPL..NO.9206 OF 2019 4
accused had approached this Court seeking bail, which was allowed by this Court. In view of the fact that the final report has been laid, the applicant be released on bail is the prayer.
8. I have considered the submissions advanced. While rejecting the
earlier application, this Court had taken note of the fact that the accused in the case are habitual offenders. The apprehension expressed by the prosecution that the applicants would tamper with the evidence and influence the witnesses
were also taken note of by this Court. The said situation still exists. There are no change in circumstances to take a different view.
This application will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
3 issues framed by the court
Whether bail should be granted to the accused considering the final report is laid and previous bail application was dismissed.
Whether the apprehension of tampering with evidence and influencing witnesses still exists as noted in the earlier order.
Whether there are any changed circumstances to take a different view on the bail application.
1 provisions across 1 enactments
PIAS
LIBIN SALAS
THE STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
