The Court considered a second successive bail application under Section 439 Cr.P.C. in a murder case involving gang rivalry. Noting the applicant's criminal antecedents, active gang involvement, and lack of change in circumstances, the application was dismissed.
Bail application dismissed; applicant not entitled to bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
Bail Appl.No.1931 OF 2021
CRIME NO.525/2020 OF MEDICAL COLLEGE POLICE STATION , Thrissur
PETITIONER/S:
LEJEESH AGED 28 YEARS, KARUMATHIL HOUSE, ARAYAMPADAM DESOM, MUNDATHIKODE VILLAGE, THRISSUR – 680601.
BY ADV. SRI.E.VIJIN KARTHIK
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.
R1 BY SRI.C.K.SURESH, SR.GP R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.1931 OF 2021
2
O R D E R
Dated this the 25th day of March 2021
This is the second successive application for
regular bail filed by the applicant under Section 439 of the Cr.P.C.
120(b), 307 and 302 read with section 149 of the I.P.C.
and under Section 27 of the Arms Act.
reiterated as thus:
On 09.07.2020 at about 00.40 hours, the applicant and
three others formed an unlawful assembly, as a
consequence of a prior conspiracy hatched by them due
to enmity towards the deceased, who is a member of a rival gang and there has been a constant rivalry
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Bail Appl.No.1931 OF 2021
between them and before this incident took place there was the murder of two of the applicant’s associates and
they wanted to retaliate the same. The present
incident took place as an act of retaliation and the deceased, who was allegedly invited to a place called Manithara hump to talk about the mediation and when he reached the spot on a motorcycle, the applicant and others were waiting for him and attacked mercilessly with dangerous weapons, like a sword, etc. and he has allegedly sustained 48 ante mortem injuries on his body. The applicant was arrested on 11.07.2020 and remanded to judicial custody. His earlier application was dismissed, despite the applicant pointing out that there is no specific overt act attributed to him. The prosecution case is that the 9th accused was guarding
the scene of the occurrence to see that no one has
intervened; because it was a gang rivalry between two gangs and there was a possibility of the members of the gang to which the deceased belonged, coming there to
retaliate. A few members of the gang to which the
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Bail Appl.No.1931 OF 2021
deceased belong had fled away from there, and therefore, there is every possibility that they could come back and defend the deceased and for that reason the applicant and the 9th accused were deputed to guard the scene of occurrence on either side of the road. As
a result of which, they facilitated the remaining accused to inflict fatal blows on the deceased which resulted in his death. The applicant is not a novice in criminal activities. He was earlier involved in five other crimes. Proceedings under KAAPA were also
initiated against some of the associates of the applicant. Therefore, the applicant is a very active
member of the notorious criminal gang, which is
involved in a series of criminal activities. The applicant is said to have very actively participated in the conspiracy which was hatched. It is as a result of
the hatched conspiracy that the murder took place. Therefore, the applicant cannot get away merely because he did not inflict any fatal blows on the deceased,
because conspiring to commit murder is as good as
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Bail Appl.No.1931 OF 2021
committing murder. Moreover, the applicant is a person having criminal antecedents. While dismissing his earlier application for bail, it was observed by this Court that the applicant is at liberty to approach this Court in case the trial gets protracted. In the instant case, the final report has already been filed and the committal proceeding is also completed and the matter is also pending before the Additional Sessions Court, Thrissur as S.C.No.108/2021 and the trial is about to commence. Under the circumstances, it cannot be said that the applicant’s detention is not without any reason. Being a member of a notorious gang, setting at liberty, would definitely affect the trial; because there are many witnesses whose statements have been recorded by the investigating agency and that there is every likelihood that the applicant may either
intimidate or coerce them and that had to be prevented. The detention of an accused as an undertrial is nothing illegal. Under the circumstances, the
manner in which the murder was committed, the custodial
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Bail Appl.No.1931 OF 2021
trial is necessary in order to find out the complicity of the applicant and the trial has to be taken to its logical conclusion after completing a full-fledged trial.
not entitled to bail at this stage and it is well
settled by the Hon’ble Supreme Court that unless there is a change in circumstances, a successive application for bail cannot be entertained. I find no change in circumstances. The alertness of the prosecution in filing the report within the time indicates that the prosecution is eager to complete the trial and I am sure that the trial court also would show that eagerness to complete the trial at the earliest. With these observations, the bail application is dismissed.
Sd/-
ASHOK MENON
JUDGE
dkr
2 issues framed by the court
Whether the applicant is entitled to regular bail in his second successive application.
Whether there has been any change in circumstances to entertain a successive bail application.
Colour shows how this judgement treated each authority
Hon’ble Supreme CourtReferred¶54
3 provisions across 3 enactments
LEJEESH
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
