Bail application by an accused charged with murdering a relative by inflicting 138 injuries, hiding the body, and allegedly tampering with witnesses. The High Court held bail should be denied due to severity of crime and danger to fair trial.
Bail application dismissed; petitioner to remain in custody till trial completion.
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 A. BADHARUDEEN
WEDNESDAY, THE 8TH DAY OF MARCH 2023 / 17TH PHALGUNA, 1944
BAIL APPL. NO. 1301 OF 2023
CRIME NO.366/2022 OF KOPPAM POLICE STATION, PALAKKAD
PETITIONER/ACCUSED :
HAKEEM
AGED 27 YEARS
S/O.HAMEED, PALAPUZHA HOUSE,
MULAYANKAVU, KULUKALLUR POST,
PATTAMBI TALUK, PALAKKAD DISTRICT,
PIN - 679337
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY SRI.P.NARAYANAN, SENIOR P.P. AND ADDL.PUBLIC
PROSECUTOR
SHRI.SAJJU.S., SENIOR P.P.
BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
22.02.2023, THE COURT ON 08.03.2023 DELIVERED THE
FOLLOWING:
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A.BADHARUDEEN, J.
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Dated this the 8th day of March, 2023
O R D E R
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the sole accused in Crime No.366 of 2022 of Koppam Police Station, Palakkad.
The deceased Arshad is a close relative of the accused. While the accused and Arshad had been
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residing together in a rented house near to Mannemkode, the petitioner herein wrongfully confined the above said Arshad for a long period. The specific allegation of the prosecution is that the accused used to torture Arshad for no reasons and on 04.11.2022, the accused repeatedly beat Arshad with a wooden stick and also with a dog belt. The accused beat Arshad with bare hands and also kicked on his chest. As a result of which the said Arshad sustained severe injuries and thereafter succumbed to those injuries. The accused also caused disappearance of evidence in this crime, by washing off the blood stains from the clothes of Arshad and also removed the blood and dirt from the body of Arshad and himself. The petitioner was arrested on 05.11.2022 and has been in custody since then. Hence, the prosecution alleges commission of offences punishable under Sections 344, 201 and 302 of the Indian Penal Code.
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while pressing for regular bail to the petitioner, who has been in custody from 05.11.2022 highlighted that the petitioner is a first time offender and final report in this crime already filed. Therefore, there is no necessity to detain him in custody further and therefore, he is liable to be released on bail.
would submit that, in this case, release of the petitioner on bail could not be considered for multiple reasons. It is submitted that one Arshad P.T., S/o.Abdul Salam, who is the son of the uncle of the accused, was staying along with the petitioner by doing works assigned to him. While so, the accused herein mentally and physically tortured him, without giving proper wages and without permitting him to go outside from his custody. Thereafter, he was brutally manhandled and the same led to 138 fatal injuries caused by the accused, with intention to commit murder of the above said Arshad.
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Thereafter, he brought him to P.K.Das Hospital on false version that Arshad fell down from the stairs and sustained injuries as a result of the fall.
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this case, it is vivid that, as per the post-mortem certificate, 138 serious injuries were noted and it was opined by the doctor that the above said Arshad died in consequence of the above said injuries and the pattern of injuries on the body was suggestive of non-accidental physical violence of varying duration. The following are the injuries noted in the post-mortem certificate:
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madible.
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gingivo-labial fold (the contusion was dark red in colour).
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head, 2cm behind the left ear.
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spotted abrasions on front of neck over the Adam's apple, 7cm above the jugular notch.
Flap dissection of neck was done under bloodless field. A contusion involving the subcutaneous tissue, 6.5x4.5x0.5cm, was seen on lower part of right side of front of neck, 7cm outer to midline and just above the collar bone. Another contusion, 5x3x0.5cm, was seen on right side of front of neck, 5cm outer to midline and 3cm below the lower jaw margin, along the front border of right sterno-cleido-mastoid muscle. Multiple infiltrations of blood were seen over the inner border of the middle part of right sternohyoid muscle at the level of Adam's apple (2x1x0.3cm), inner border of middle part of left sternohyoid muscle at the level of Adam's apple (3.5x1x0.3cm) and front aspect of right sternothyroid muscle at the level of Adam's apple (2.5x1.5x0.3cm). Contusion, 4.3x1x0.5cm, was seen along the lateral border of right side of tongue, 3cm behind its tip. Another contusion, 3x1x0.3cm, was seen along the lateral border of left side of tongue, 4cm behind its tip. Subcutaneous tissue underneath the pressure abrasion appeared normal. Other strap
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muscles, hyoid bone, thyroid cartilage and carotid vessels appeared normal and intact.
elbow.
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forearm, 7cm below elbow (contusion was bluish black in colour).
9cm below elbow.
of right thumb.
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right knee.
prominence on inner aspect of right ankle, partially on its back.
right foot, 4cm in front of the prominence of ankle.
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shoulder.
3cm above elbow.
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hand, just below the wrist.
proximal phalanx of left ring finger.
whole left little finger.
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phalanx of left ring finger.
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leg, 6cm above ankle.
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end 5cm outer to midline and 35cm below top of shoulder.
[The contusions on the back of trunk were seen overlapping at places and also partially merging with each other and forming the shape of a triangular pattern at places on the
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back of trunk]
The lower lobe of left lung showed a contusion involving its lower half, on its back aspect. The paravertebral region on both sides of chest wall showed extensive infiltration of blood. The left chest cavity contained about 200ml of fluid blood. The back aspect of the chest wall showed extensive infiltration of blood which was more over the left side, involving varying thickness.
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apprehension expressed by the learned Public Prosecutor in the matter of threat and influence of the crucial witnesses could be foreseeable. The manner in which the crime was committed appears to be shocking, prima facie, since 138 ante-mortem injuries noted in the postmortem certificate. Therefore, I am of the view that the petitioner shall be kept in custody, till the trial is over and the petitioner is not liable to be released on bail. If so, the same would affect fair trial. Therefore, this petition deserves dismissal.
Accordingly, the bail application stands
dismissed.
Sd/- A.BADHARUDEEN, JUDGE
rkj
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APPENDIX OF BAIL APPL. 1301/2023
PETITIONER ANNEXURES
Annexure1FREE COPY OF THE SAID ORDER DATED
04.02.2023 IN CRL.MC.NO.229/2023
PASSED BY THE ADDL. SESSIONS JUDGE-II,
PALAKKAD
3 issues framed by the court
Whether the petitioner accused of murdering a relative by causing 138 injuries and dismembering the body with suspected witness tampering is liable to be released on regular bail.
Whether the apprehension of influencing crucial witnesses by the accused warrants denial of bail in a murder case.
Whether the nature of the crime involving multiple serious injuries and fatal outcome precludes bail until trial completion.
1 provisions across 1 enactments
Hakeem
State of Kerala
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court