High Court of Kerala granted bail application filed by accused charged with double murder but dismissed it, directing trial court to expedite trial within eight months due to delay concerns despite grave charges.
Bail application dismissed; direction given to trial court to expedite and dispose case within eight months.
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.
BA No.4960 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, 1945
BAIL APPL. NO. 4960 OF 2023
CRIME NO.2414/2020 OF VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.1:
SAJEEB @ VELLI SAJEEB, AGED 43 YEARS, S/O.ISMAYIL, RESIDEING AT AANAKKUZHI ANANDAVILASOM, THEMBAMOODU DESOM, PULLAMPARA VILLAGE, PIN - 683102
BY ADVS. V.JOHN SEBASTIAN RALPH VISHNU CHANDRAN RALPH RETI JOHN APPU BABU SHIFNA MUHAMMED SHUKKUR GIRIDHAR KRISHNA KUMAR VISHNUMAYA M.B. GEETHU T.A. APOORVA RAMKUMAR
RESPONDENT/COMPLAINANT & STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
*2 NAJLA W/O HAQ MUHAMMAD BISMI MANSIL, KALANGAN MUGAM, PULLAMPARA P.O VENJARAMOODU, THIRUVANANTHAPURAM (IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER 22-8-23 IN CRL MA 1/23)
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*3 NASEEHA W/O MITHILAJ NAFI MANSIL, KALLAMBALAM, KARAVARAM P.O THIRUVANANTHAPURAM (IS IMPLEADED AS R3 AS PER ORDER DATED 22-8-23 IN CRL MA 1/23) BY ADVS. PUBLIC PROSECUTOR P.K.VARGHESE ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) ADDL. STATE PUBLIC PROSECUTOR(AG-28) M.T.SAMEER DHANESH V.MADHAVAN JERRY MATHEW
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2023, THE COURT ON 2.11.2023 DELIVERED THE FOLLOWING:
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“C.R.”
MOHAMMED NIAS C.P.J
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BA No.4960 of 2023
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Dated this the 2nd day of November, 2023
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.
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pm, the accused murdered the deceased and injured another person, who also succumbed to the injuries. The case is infamously known as the Venjaramoodu double murder. The petitioner was arrested on 30.08.2020 and has been in judicial custody since then.
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main witnesses are examined, the petitioner should not be released on bail, as a fair trial is likely to be adversely affected.
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be intimidated or influenced, and the threat to the life of the petitioner himself as apprehended by the prosecution, are all factors against the petitioner for grant of bail. The antecedents of the accused read alongside the statements of the witnesses exfacie supports the prosecution version. The contention of the learned counsel for the petitioner that he can be prevented from entering the district in which the crime is committed cannot be a reason to grant bail as the suitability of the conditions arises only after the decision to grant bail is taken. The further argument of the learned counsel for the petitioner that for the accused to defend properly, he must be released on bail also cannot be accepted. If the said argument is to be accepted, then logically, in every case, bail has to be granted.
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it will be open to the petitioner to apply for bail before the Court below.
Subject to the above, the bail application is dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk 30.10.2023
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APPENDIX OF BAIL APPL. 4960/2023
PETITIONER'S ANNEXURES Annexure1 TRUE COPY OF THE ORDER DATED 12.06.2023 IN B.A NO. 746/2023
3 issues framed by the court
Whether bail should be granted to the accused charged with double murder considering the seriousness of the offence and threat to witnesses.
Whether the argument that long detention in jail necessitates bail acceptance in a case involving double murder.
Whether the accused should be released on bail to prevent intimidation of witnesses and interference with trial.
3 provisions across 3 enactments
SAJEEB @ VELLI SAJEEB
STATE OF KERALA
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
