The High Court of Kerala rejected a regular bail application for the sole accused in a murder case. The court dismissed the plea, citing the gruesome nature of the crime and the high probability of the petitioner absconding again.
The application for regular bail 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.
B.A.No.2833/23
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945
BAIL APPL. NO. 2833 OF 2023
AGAINST THE ORDER/JUDGMENTFIR 697/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONER/ACCUSED:
MANOJ BORAH, AGED 30 YEARS, S/O.THANKESWAR BORAH, SOLLENGIGURI-VILLAGE, GOUPUR -POST, SONITPUR -DIST, ASSAM-STATE, PIN – 784 168. BY ADVS. BIJU ANTONY ALOOR K.P.PRASANTH T.S.KRISHNENDU ARCHANA SURESH MOHAMED AMEER M.
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2 STATION HOUSE OFFICER, MALA POLICE STATION, THRISSUR- DISTRICT, PIN – 680 732.
ADV. SREEJA V - SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.2833/23
2
ORDER
This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
On 10.05.2016 at about 8 O’clock, a body was found in the residential building belonging to one Purushothaman, which was being occupied by two natives of Assam named Ummer and Manoj. The body was found in a burned condition with several injuries all over the same, which indicated the assault by using weapons such as axe and knife. The crime was accordingly registered under Section 302 of the Indian Penal Code. Initially, the investigating officer was under the impression that the body was that of the petitioner herein, but during the investigation it was revealed that, the body was that of the said Ummer and the murder was committed by the petitioner, named Manoj Borah. As the petitioner was absconding, the arrest could not be secured immediately thereafter. Later, after much efforts the petitioner was arrested from Assam on 06.10.2022 and on the strength of a transit warrant he was brought to Kerala and was produced before the Judicial First Class Magistrate Court, Chalakkudy on 08.10.2022. Thereafter, he
3
B.A.No.2833/23
was remanded to judicial custody and since then he has been under detention. This application for regular bail is submitted in such circumstances.
B.A.No.2833/23
4
said case. Dismissal of the application was sought in such circumstances.
B.A.No.2833/23
5
and the attempt to destroy the evidence, are revealed from the aforesaid aspects.
B.A.No.2833/23
6
high. Therefore, I am of the view that, this is not a case in which the petitioner can be granted bail .
In such circumstances, I do not find any merits in this application and accordingly it is dismissed.
Sd/- ZIYAD RAHMAN A.A. JUDGE
DG/15.7.23
B.A.No.2833/23
7
APPENDIX OF BAIL APPL. 2833/2023
PETITIONER ANNEXURES
| Annexure1 | TRUE COPY OF THE FIR CRIME NO. 697/2016 U/SEC. 302 & 201 OF IPC WITH MALA POLICE STATION DATED 10/05/2016 |
|---|---|
| Annexure2 | A TRUE COPY OF THE REMAND REPORT IN CRIME 697/2016 UNDER 302 OF MALA POLICE STATION DATED08/10/2022 |
| Annexure3 | A TRUE COPY OF THE ORDER CRL. M P NO. 5956/2022 DATED 20/10/2022 |
| Annexure4 | A TRUE COPY OF THE ORDER CRL. M P NO. 42/2023 DATED 14/03/2023. |
1 issue framed by the court
Whether to grant regular bail to an accused charged with murder under Sections 302 and 201 IPC who was absconding for over six years.
1 provisions across 1 enactments
MANOJ BORAH
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
