Criminal court dismissed a regular bail application filed by accused Nos. 4 and 6 charged with the murder of Mohammed Subair. The court noted the political rivalry context, pre-meditation, and gravity of the offense as prima facie grounds for denial.
The bail application was dismissed refusing bail to the petitioners.
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 DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
BAIL APPL. NO. 357 OF 2023
CRIME NO.203/2022 OF PALAKKAD KASABA POLICE STATION,PALAKKAD DISTRICT.
Bail Appl. 5933/2022 OF HIGH COURT OF KERALA
APPLICANTS/ACCUSED NOS.4 AND 6:
1 VISHNU PRASAD @ VISHNU AGED 23 YEARS, S/O. VEERAPPAN, BOOPATHI HOUSE, NEAR PARIKKANCHEERY KHSETHRAM, ERATTAKULAM, NALLEPULLY, PALAKKAD, PIN - 678007
2 SRUBIN LAL S, AGED 29 YEARS S/O. LATE SREENIVASAN, KURUPPATH HOUSE, VENOLI ROAD, KALLEPPULLY P.O., PALAKKAD, PIN - 678018 BY ADVS.SRUTHY N. BHAT SRUTHY K K, P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI NIKITA J. MENDEZ RAHUL SUNIL P.VIJAYA BHANU (SR.)
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
BY ADVS.SRI.GRACIOUS KURIAKOSE, ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON 01.03.2023 DELIVERED THE FOLLOWING:
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O R D E R
Dated this the 1st day of March, 2023
This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
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Additional Director General of Prosecution and perused the case diary.
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between two political outfits, such as RSS and PFI. The petitioners are members of RSS, and the deceased was a member of PFI. The final report reveals that one of the members of RSS, viz., Sanjith, was murdered by a few persons who owe allegiance to PFI. The accused believed that the deceased Subair, the Para Area President of PFI, was the kingpin behind the murder of Sanjith. According to the prosecution, to wreak vengeance against Subair, the accused entered a conspiracy and, in pursuance of the said conspiracy, murdered him. The records show that the petitioners
were active conspirators in the conspiracy, and they were involved in the murder of Subair. The incident took place on 15/4/2022. Before that, there was an attempt to kill Subair on 8/4/2022, but it could not succeed due to the presence of a police
party. There are materials to show that on 8/4/2022, the 4th accused was seen along with some of the principal offenders.
There are also materials to show that the 4th accused was aware of the plan and design of the conspiracy, and he actively facilitated the same. The materials further show that 3rd accused is the employee of the 6th accused, who introduced the 3rd
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accused to the 5th accused for executing the murder of Subair.
The materials further show that the 6th accused was present with the other accused, and he dropped the 3rd accused at the place of occurrence on 8/4/2022 and 15/4/2022.
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submission cannot be lightly brushed aside, considering the entire facts and circumstances. The crime was committed after meticulous and calculated planning and was executed precisely. It was a retaliation for an earlier political rivalry.
Having regard to all these aspects, I am of the view that the petitioners cannot be released on bail at this stage, and the application is only to be dismissed. Accordingly, the bail application is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
Rp
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APPENDIX OF BAIL APPL. 357/2023
PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE ORDER DATED 13-07-2022 IN CRL.M.C. NO. 2149/2022 OF THE COURT OF SESSION, PALAKKAD Annexure2 TRUE COPY OF THE ORDER DATED 10-06-2022 IN CRL.M.C. NO. 1558/2022 OF THE COURT OF SESSION, PALAKKAD Annexure3 TRUE COPY OF THE COMMON ORDER DATED 2111-2022 IN B.A. NO. 5933/2022, 5023/2022 AND 8214/2022 OF THIS HON'BLE COURT Annexure4 TRUE COPY OF THE COMMON ORDER DATED 2812- 2022 IN CRL.M.P. NO. 4279/2022 AND CRL.M.P.4280/2022 OF THE COURT OF SESSIONS, PALAKKAD
1 issue framed by the court
Whether the accused in a charge of political murder should be granted bail after investigation but before the framing of charges.
1 provisions across 1 enactments
VISHNU PRASAD @ VISHNU
SRUBIN LAL S
STATE OF KERALA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
