In a bail application filed as the 10th accused in a murder conspiracy case, the court examined arguments for release. The court held that the accused, alleged to be a mastermind who absconded, posed a flight risk and danger to witnesses. Finding no change of circumstances, the application was dismissed.
Bail application dismissed; accused remains in custody.
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 BECHU KURIAN THOMAS
TUESDAY, THE 28TH DAY OF MARCH 2023 / 7TH CHAITHRA, 1945
BAIL APPL. NO. 879 OF 2023
CRIME NO.1989 OF 2021 OF PALAKKAD TOWN SOUTH POLICE STATION
PETITIONER/ ACCUSED NO.10:
BAVA U., AGED 57 YEARS, S/O.UMER, DARUSSALAM, PALLIPPARAMBU, ALATHUR P.O., PALAKKAD DISTRICT, PIN – 678 541
BY ADVS. SUNNY MATHEW NIKITTA TRESSY GEORGE
RESPONDENTS/ COMPLAINANTS & STATE :
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN, PIN – 682 031
2 THE STATION HOUSE OFFICER, TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT, PIN – 679 101
BY SRI.GRASHIOUS KURIAKOSE, ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2023, THE COURT ON 28.03.2023 DELIVERED THE FOLLOWING:
BAIL APPL. NO. 879 OF 2023
2
BECHU KURIAN THOMAS, J.
B.A.No.879 of 2023
Dated this the 28th day of March, 2023
ORDER
Petitioner seeks for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
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BAIL APPL. NO. 879 OF 2023
conviction. It was also contended that other than a mere allegation that petitioner was a conspirator, there is nothing to connect him with the crime and therefore bail ought to be granted to him.
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BAIL APPL. NO. 879 OF 2023
and there is the seeming possibility of the locality becoming tense. As an alleged “king conspirator” his release, before trial takes place, would be prejudicial to the entire prosecution case as apprehended by the prosecution. Material has also been allegedly collected to prove the active role of the petitioner in the crime. Apart from the above circumstances, petitioner had immediately after the incident, absconded. All these factors weigh against the petitioner.
In view of the above, I find no merit in this bail application and the same is dismissed.
BECHU KURIAN THOMAS, JUDGE
RKM
3 issues framed by the court
Whether to grant regular bail to the accused under Section 439 CrPC.
Whether the lapse of time since the earlier bail dismissal constitutes a change of circumstances.
Whether the accused's release would influence witnesses or cause tension in the locality.
BAVA U.
THE STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
