Regular bail application dismissed in a murder prosecution. The court found the allegations of brutal murder and active involvement credible, noting the petitioner's criminal antecedents and risk of witness intimidation, thus denying bail.
Application for regular bail dismissed; no bail granted; order that trial be concluded without delay.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
BAIL APPL. NO. 1702 OF 2022
CRIME NO.1393/2021 OF PALLURUTHY POLICESTATION
PETITIONER/ACCUSED NO.2:
LALJU,AGED 43 YEARS, S/O.KAREEM KANJIRAKUNNATHU HOUSE, THAIKOODAM, CHAMBAKKARA, POONITHURA VILLAGE, NOW RESIDING AT ITHIPARAMBU HOUSE, NEAR BAJANAMADAM, KALANCHERY KAYAL ROAD, KUMBALANGHI.
BY ADVS. VINOD VALLIKAPPAN R.REKHA
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM
BY SR. PUBLIC PROSECUTOR SMT.SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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VIJU ABRAHAM, J.
B.A.No. 1702 of 2022
Dated this the 11th day of August, 2022
ORDER
This is an application for regular bail.
3 . Learned counsel for the petitioner would submit that initially a case of man missing was registered on 15-07-2021 on the basis of the complaint filed by the brother of the deceased. Thereafter, on the investigation of the police, it is alleged that the deceased was invited to the house of the accused 1 and 4 who are husband and wife in the guise of a settlement of a previous dispute, and with the help of accused 2 and 3, the deceased was manhandled and murdered. The petitioner, the second accused was arrested and remanded to judicial custody on 04-08-2021. The investigating officer
filed the final charge before the Judicial First Class Magistrate
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Court-II, Kochi on 01-11-2021 and the case was numbered as CP No. 13 of 2021. The case was made over to the Sessions Court Ernakulam and is now numbered as SC No. 1271 of 2021 before the Additional Sessions Court-I, Ernakulam. Petitioner moved an application for bail as Crl M.P. No. 144 of 2022 seeking bail and the same was dismissed by order dated 19-01-2022 and further that his earlier two applications filed before the Sessions Court were also dismissed. Petitioner respectfully submits that he has been joined as an accused in the case as he was on friendly terms with the 1st
accused and that he is not involved in the acts which led to the alleged murder of the deceased. Petitioner had neither previous acquaintance nor enmity with the deceased.
4 . Learned Public Prosecutor seriously opposed the application for bail mainly contending that the murder was committed by the accused persons in a most brutal manner and that the petitioner herein has active involvement in the alleged crime. The prosecution allegation in brief is that the 1 st accused was having bitter enmity with the deceased Lacer Antony in connection with an incident on 11.10.2016 when the above said Lacer Antony and his brother Sony are said to have physically assaulted the 1 st accused and caused fracture of his arms. The 1 st accused and his wife, the 4 th accused, were having animosity with the deceased Lacer Antony also for the reason that he had harassed the daughter of the 1 st accused. Due to the above enmity,
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the accused Nos. 1 to 4 arrived at the common intention to commit murder of the above said Lacer Antony. Accordingly, on 09 07.2021, the 2nd and 3 rd accused had tactfully taken the above said Lacer Antony in
a motor bike to the house of the 1 st accused after inducing him to believe that the issues with the 1 st accused and Lacer Antony are to be settled by discussions. At the house of the 1 st accused, accused Nos.1 and 3 fisted Lacer Antony upon his face, chest, head and lower back, at about 8 pm on 09.07 2021. The 2 nd accused caught hold of the above said Lacer Antony by his shirt, vigorously rotated him and caused his head to hit on the walls of the sit out resulting in his fall in the court yard of the house. Thereupon, the 2 nd accused jumped into the chest of the above said Lacer Antony from the sit out and struck his elbows upon the chest many times Thereafter, he trampled upon the chest of above said Lacer Antony and smashed his rib cage. By the above physical assault, accused Nos. 1 to 3 caused death of Lacer Antony. The dead body of the Lacer Antony was kept at the house of the 1 st accused and in the bushes on the north western side of the house till 8 pm on 10 07 2021 Thereafter, accused Nos. 1 to 3 dragged the dead body of Lacer Antony to the wet land at a distance of about 50 metres towards the west of the house of the 1 st accused. Accused Nos.1 to 3 dug a pit in that wet land and put the body of the above said Lacer Antony into that pit. Thereafter, the 2 nd accused took a knife from the kitchen of the house of the 1 st accused and ripped apart the abdominal cavity of the dead body.
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Thereafter, accused Nos.1 to 3 filled mud into the abdominal cavity of the dead body of Lacer Antony after removing his internal organs and buried the body of the Lacer Antory in the muddy portion of that wet land with the intention to destroy the evidence. The 3 rd accused thereafter concealed the knife used for tearing apart the stomach of the dead body at a place near the house of the 1 st accused. The shirt worn by the above said Lacer Antony was disposed off by the 1 st accused in an embankment towards east of his house. After a few days when the dead body of Lacer Antony emerged up, the 1 st accused trampled it down and again immersed it in the mud. The 4 th accused had aided and abetted the commission of the crime along with accused Nos. 1 to 3 with whom she shared the common intention to commit the murder of Lacer Antony. Thus, the accused have committed the offences punishable under Sections 323, 325, 302, 201 and 118 and read with Section 34 IPC. The learned Public Prosecutor also submitted that three times the Sessions Court has rejected his bail application. It is further submitted that even though charge sheet is already laid, the petitioner shall not be released on bail for the reason that petitioner has an active role in the commission of offence and further that the petitioner is involved in 10 other criminal cases. The 1 st accused is involved in 7 criminal cases whereas the 3 rd accused is involved in 2 other criminal cases. The prime witness in the case are the relatives and neighbours and they are also residing nearby accused Nos.1 and 4 and there is every occasion to
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intimidate the witnesses and taking into consideration the criminal antecedents of the petitioner, there is every chance that he will get involved in other criminal cases if released on bail.
Going by the prosecution case, the offence has been committed in a very brutal manner and the petitioner has a serious role in the commission of the offence. It is also seen that the petitioner is involved in 10 other criminal cases. In view of the same, the apprehension raised by the Public Prosecutor that if the petitioner is released on bail, there is every chance for intimidating the witnesses and also for destroying evidence and that the petitioner may get involved in other criminal cases, cannot be brushed aside. The continued detention of the petitioner cannot be a reason for grant of bail in the facts and circumstances enumerated above. In view of the same, I am of the opinion that the petitioner is not entitled for grant of bail. Since the petitioner is in custody from 04.08.2021 and the charge sheet is already laid, the trial court shall take earnest steps to dispose of the case without much delay.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a murder case involving common intention.
Whether the evidence of complicity and criminal antecedents preclude the grant of bail.
2 provisions across 1 enactments
LALJU
STATE OF KERALA
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
