High Court of Kerala dismissed the bail application of an accused charged with murder and grievous hurt. The court found no change in circumstances since the earlier order dismissing bail, noting the severity of the charges and the accused's criminal history.
Application for bail under Section 439 CrPC was dismissed.
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 P.V.KUNHIKRISHNAN
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
Bail Appl..No.1603 OF 2021
S.C.NO.50/2020 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT-IV, KOTTAYAM.
CRIME NO.1298/2019 OF Karukachal Police Station , Kottayam
PETITIONER/ACCUSED:
SUBIN MOHAN AGED 26 YEARS KACHEEKALAYIL VEEDU, KAVUNKALPADI BHAGOM, KARUKACHAL P.O. PIN-686540
BY ADV. SRI.JOSSY KURIAN
RESPONDENT/:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA PIN-682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT. K. K. SHEEBA PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1603 of 2021 2
P.V.KUNHIKRISHNAN, J
B.A.No.1603 of 2021
Dated this the 10th day of February, 2021
O R D E R
This Bail Application filed under Section 439 of Criminal
Procedure Code was heard through Video Conference.
of the Additional District and Sessions Court-IV, Kottayam. The above case is chargesheeted against the petitioner alleging offences punishable under Sections 323, 324, 326 and 302 IPC
B.A.No.1603 of 2021 3
Kottayam and while undergoing treatment she succumbed to her injury at 6.15 a.m on 30.8.2019.
Prosecutor.
B.A.No.1603 of 2021 4
“ 6. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the case of the prosecution is that the petitioner inflicted 39 ante-mortem injuries to the victim. The victim was aged 19 years. Earlier, the petitioner committed sexual offences against the victim. A case was registered against the petitioner. Subsequently, according to the prosecution, under the pretext of settlement, the petitioner started to live with the victim girl. Thereafter, the petitioner committed this brutal attack on this victim. The Public Prosecutor also submitted that the petitioner involved is five other crimes in different police station. The offences alleged against the petitioner includes Sections 326 IPC, 308 IPC and 366 A IPC etc.
In the light of the above findings there is no ground for the release of the petitioner at this stage. Now the final report is already filed and the matter is pending before the Additional District and Sessions Court-IV, Kottayam as S.C. No.50/2020.
B.A.No.1603 of 2021 5
The trial court will try to dispose the case as expeditiously as possible.
With the above observation, this bail application is dismissed.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
al/-
3 issues framed by the court
Whether bail should be granted to the accused in a murder case involving pre-meditated assault.
Whether there is any change of circumstance to overturn the earlier dismissal of the bail application.
Whether the serious nature of the allegations and criminal antecedents warrant the indefinite incarceration of the petitioner.
1 provisions across 1 enactments
Subin Mohan
State of Kerala
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
