The High Court of Kerala dismissed a bail application of Sanjay Saji, the fourth accused in a murder case involving conspiracy and kidnapping, finding sufficient indication of his complicity and ruling against bail.
Bail application dismissed; applicant may approach jurisdictional court for mandatory bail if final report is not filed within time limit.
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 ASHOK MENON
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
Bail Appl..No.163 OF 2021
CRIME NO.517/2020 OF Infopark Police Station, Thrikkakkara
PETITIONER/S:
SANJAY SAJI AGED 23 YEARS SON OF SAJI, KANNAMALA HOUSE, NEAR KIZHAKKADAM SIVA SHETRAM, MANALIKKAL P.O. AGALAKUNNAM VILLAGE, KOTTAYAM DISTRICT 686543
BY ADVS. SMT.SIJI K.PAUL SHRI.P.M.JOSHI
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, INFOPARK POLICE STATION, KAKKANAD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
R1 BY PUBLIC PROSECUTOR R1 BY DIRECTOR GENERAL OF PROSECUTION SRI.S.SAJJU-SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.163 OF 2021
2
ORDER
Dated this the 18th day of January 2021
Application for regular bail under Section 439 Cr.P.C.
The applicant is the 4th accused in Crime No.517/2020 of Infopark Police Station,
Thrikkakkara, for having allegedly committed offences punishable under Sections 120(B), 364, 342, 323, 325, 302 & 201 r/w Section 34 of the
Indian Penal Code.
applicant in furtherance of common intention with
and the other accused allegedly hatched a
conspiracy to murder one Divakaran Nair, who is the brother of accused No.7 and he allegedly sought the help of A1, who is the father-in-law of A6, the son of A7. And A1 allegedly engaged A2, and A2 whose acquaintance A5, a lady to lay a
honey trap for the deceased. A5 established
Bail Appl..No.163 OF 2021
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acquaintance with the deceased, and after a while,
invited him to Aluva Railway Station on 24.10.2020. The deceased Divakaran Nair reached
Aluva, but could not find A5. But the other accused were lying in wait for him and they kidnapped him in a car, driven by the applicant. He was taken to a place and brutally murdered.
taxi driver and was engaged by the other accused on hire, and that he has nothing to do with the
alleged act of the other accused in committing the murder. He was arrested on 30.10.2020 and has been in judicial custody since then. He seeks bail.
the applicant was very much a part of the conspiracy and it is with his knowledge and concurrence that the other accused had kidnapped
Bail Appl..No.163 OF 2021
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the deceased for the purpose of murder. The
applicant was aware of the incident and cannot shirk from the responsibility of the murder. Therefore, he cannot be released on bail at this stage of the investigation, which is coming to a close and therefore, it is prayed that the applicant may not be enlarged on bail at this point of time.
Considering the submissions made on either side anxiously, I find that there is sufficient indication that the applicant has been part of the conspiracy to commit the murder of one Divakaran
Nair on 24.10.2020. There are no materials to
indicate that the applicant was only a call taxi driver. There are also no materials to indicate that the applicant was not aware of the insidious designs of the other accused and he has not made
any complaint consequent to the occurrence regarding the alleged act of murder to anyone
Bail Appl..No.163 OF 2021
which would indicate the complicity of the accused in the crime. The applicant is therefore not entitled to the indulgence of bail in this crime since it is still at the nascent stage and in case the applicant is released on bail, he is likely to tamper with evidence and also influence and intimidate witnesses. The applicant is at liberty to approach the jurisdictional court for mandatory bail, in case the final report is not filed within the time stipulated under Section 168(2) Cr.P.C.
With these observations, this application is
dismissed.
Sd/-
ASHOK MENON
JUDGE
spk
3 issues framed by the court
Whether bail should be granted to an accused alleged to be part of the conspiracy to commit murder.
Whether there is sufficient indication of the applicant's complicity in the conspiracy to commit murder.
Whether release on bail will result in tampering with evidence or intimidating witnesses.
1 provisions across 1 enactments
Sanjay Saji
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
