Dismissed

Sooraj S.Kumar v. State of Kerala

Kerala HC10 Feb 2021Bail Appl./1602/2021

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application filed by an accused charged with murder and other offences under the IPC. The court held that the case involves serious charges and no change in circumstances existed to warrant bail, directing the trial court to expedite proceedings.

What did the court decide?

None. Bail application dismissed; petitioner to remain in detention.

Sooraj S.Kumar Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2021)

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

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Bail Appl..No.1602 OF 2021

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SC.No.820/2020 OF THE ADDL.DISTRICT & SESSIONS JUDGE-VI, KOLLAM CRIME NO.1540/2020 OF Anchal Police Station , Kollam

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PETITIONER/ACCUSED

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SOORAJ S.KUMAR AGED 27 YEARS SON OF SURENDRA PANICKER, RESIDING AT SREE SOORYA, KARAKKAL JUNCTION, PARAKKODE MURI, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT, PIN-691523 BY ADV. SRI.NIREESH MATHEW

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RESPONDENT/:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SMT K.K. SHEEBA PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.1602 of 2021 2

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P.V.KUNHIKRISHNAN, J

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B.A.No.1602 of 2021

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Dated this the 10^th day of February, 2021

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O R D E R

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This is a Bail Application filed under Section 439 of

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Criminal Procedure Code.

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Petitioner is the accused in S.C.No. 820/2020 on the file of the Additional District and Sessions Judge -V, Kottayam. The above case is chargesheeted against the petitioner alleging offences punishable under Sections 307, 326, 302 and 201 IPC.

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The prosecution case is that the petitioner married

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Uthra, the sister of charge witness No.2 a differently abled lady

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on 25.3.2018 with the object of financial gain. After the child

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was born in the wedlock the accused who was dissatisfied with

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the mental and physical disability of Uthra, conspired to kill

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B.A.No.1602 of 2021 3

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Uthra. According to the prosecution, the accused obtained a snake from the second accused and he committed murder of Uthara by causing venomous snake bite to her. According to

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the prosecution his attempt succeeded on the third time.

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Heard the counsel for the petitioner and the Public Prosecutor.

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The counsel for the petitioner submitted that the main witnesses were already examined and the remaining witnesses to be examined are only police officers and expert witnesses. The counsel submitted that the indefinite incarceration of the petitioner is not necessary. The counsel submitted that the petitioner is ready to abide any conditions if this Court grant him bail.

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The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that there is no change of circumstances after the order dated 6.11.2020 in B.A. No.7257/2020.

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After hearing both sides, according to me, this is not a

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B.A.No.1602 of 2021 4

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fit case in which the petitioner can be released on bail. This Court considered the earlier bail application and concluded that this is a fit case in which the accused should face trial in

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detention. There is no change of circumstances subsequent to the order passed on 6.11.2020 in B.A. No. 7257/2020. The trial court will expedite the trial and will conclude the same as expeditiously, as possible.

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With the above observation, this bail application is dismissed.

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Sd/-

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P.V.KUNHIKRISHNAN, JUDGE

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al/-

Sooraj S.Kumar v. State of Kerala

Case brief

What is this about?

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Sooraj S.Kumar v. State of Kerala

Case brief

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