Kerala HC High Court dismissed bail applications for six accused in a gang-war murder case, rejecting meritorious arguments due to criminal antecedents, pre-planned nature of the crime, and specific apprehension of renewed violence despite reduced trial timelines.
Rejecting claims of delay and lack of evidence, bail applications were dismissed for all 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.
B.A.No.10926/23 & 542/24
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945 BAIL APPL. NO. 542 OF 2024
CRIME NO.1255/2020 OF Anthikad Police Station, Thrissur PETITIONERS/ACCUSED NO.6:
AKHIL, AGED 25 YEARS, S/O.SHAJI, MOOTHRATHIPARAMBIL HOUSE, THANNIAM DESOM, THANIAM VILLAGE, (RP 792), PIN – 680 565.
BY ADVS. P.K.VARGHESE M.T.SAMEER K.R.ARUN KRISHNAN DHANESH V.MADHAVAN JERRY MATHEW NAMITHA K.S. DEVIKA K.R.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.
SRI.Gracious Kuriakose -ADGP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2024, ALONG WITH Bail Appl.10926/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.10926/23 & 542/24
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
BAIL APPL. NO. 10926 OF 2023
CRIME NO.1225/2020 OF Anthikad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT SC 799/2021 OF ADDITIONAL
SESSIONS COURT(ADHOC) III, THRISSUR
PETITIONER/ACCUSED NO.1:
1 SANAL, AGED 24 YEARS, S/O.SADANANDAN, PALLIYIL HOUSE, MUTTICHUR DESOM, PADIYAM VILLAGE, THRISSUR, PIN – 680 641.
2 SREERAG @ MARAS, AGED 32 YEARS, S/O.VENUGOPAL, THEKKOOT HOUSE, THANNIYAM DESOM, THANNIYAM VILLAGE, THRISSUR, PIN – 680 565.
S/O.SOORYAN, PALAKKAL HOUSE, MANALOOR DESOM, MANALOOR VILLAGE, THRISSUR, PIN – 680 617.
B.A.No.10926/23 & 542/24
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MANALOOR VILLAGE,THRISSUR, PIN – 680 617.
BY ADVS. P.K.VARGHESE M.T.SAMEER DHANESH V.MADHAVAN K.R.ARUN KRISHNAN JERRY MATHEW REGHU SREEDHARAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.
SRI.Gracious Kuriakose -ADGP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2024, ALONG WITH Bail Appl..542/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.10926/23 & 542/24
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ORDER
[Bail Appl.Nos.542/2024, 10926/2023]
The petitioners in these applications are accused Nos.1 to 6 in Crime No.1225 of 2020 of Anthikad Police Station, which is now pending before the Additional Sessions Court-I, Thrissur as S.C.No.799 of 2021. The offences alleged against the petitioners are under Sections 120B, 341, 324, 326, 302, 392, 506(ii), 212, 109, 201 read with Section 34 of the IPC and Section 27 of the Arms Act.
B.A.No.10926/23 & 542/24 5
Since then, they have been under judicial detention. Even though they approached this Court on earlier occasions, their bail applications were dismissed. These applications were submitted in such circumstances.
B.A.No.10926/23 & 542/24 6
and the deceased was also a person belonging to a rival gang. The incident occurred due to a gang war between two factions. The learned Additional Director General of Prosecution also apprehends that the gang war will repeat if petitioners were released on bail. He expressed his apprehension as to the safety of the petitioners as well, if they were released.
B.A.No.10926/23 & 542/24
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expedited and same would be made available within a period of one month from today.
B.A.No.10926/23 & 542/24
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chemical analysis report, the trial will be completed within six months.
In such circumstances, I do not find any merit in these applications and these applications are dismissed.
Sd/- ZIYAD RAHMAN A.A. JUDGE
DG/13.2.24
B.A.No.10926/23 & 542/24
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APPENDIX OF BAIL APPL. 10926/2023
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE ORDER DATED 02.12.2020 IN CRL.MP NO.5170/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTII, THRISSUR
Annexure 2 A TRUE COPY OF THE ORDER DATED 23.12.2020 IN CRL.MP NO.5774/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURTII, THRISSUR
Annexure 3 THE COMMON ORDER DATED 13.01.2021 IN CRL.MC NO. 1472/2020 AND CRL.MC NO.1519/2020 OF SESSIONS COURT, THRISSUR
Annexure 5 . A TRUE COPY OF THE ORDER DATED 13.09.2021 IN CRL.MC NO.1312/2021 OF THE SESSIONS COURT, THRISSUR
Annexure 6 TRUE COPY OF THE ORDER DATED 28/02/2022 IN BA 8492/2021 OF HON'BLE HIGH COURT OF KERALA
Annexure 7 A TRUE COPY OF THE ORDER DATED CRL.MP NO. 752/2023 IN SC NO.799/2021 OF THE ADDITIONAL SESSIONS COURT-III, THRISSUR
Annexure 8 A TRUE COPY OF THE ORDER DATED 22.11.2023 IN CRL.MP NO.5994/2023 IN SC NO.799/2021 OF ADDITIONAL SESSIONS COURT-III, THRISSUR
B.A.No.10926/23 & 542/24
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Annexure 9 TRUE COPY OF THE ORDER DATED 28.11.2023 IN BA 9395/2023 OF HON'BLE HIGH COURT OF KERALA Annexure 10 A TRUE COPY OF THE TREATMENT DETAILS OF THE PETITIONER ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM
B.A.No.10926/23 & 542/24
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APPENDIX OF BAIL APPL. 542/2024
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE COMMON ORDER DATED 23.12.2020 IN CRL.MP NO.5774/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTII, THRISSUR
Annexure 2 TRUE COPY OF THE COMMON ORDER DATED 13.01.2021 IN CRL.MC 1518/2020, CRL.MC 1478/2020, CRL.MC 1472/2020,CRL.MC NO.1519/2020 OF SESSIONS COURT, THRISSUR.
Annexure 3 TRUE COPY OF THE COMMON ORDER DATED 06/07/2023 IN BA 2922/2022 AND BA 4922/2022 OF HON'BLE HIGH COURT OF KERALA
Annexure 4 TRUE COPY OF THE ORDER DATED 28.11.2023 IN BA 9395/2023 OF HON'BLE HIGH COURT OF KERALA
3 issues framed by the court
Whether bail should be granted to accused persons facing charges in a gang war murder case where over three years have elapsed since arrest.
Whether the apprehension of further gang violence justifies keeping the accused in judicial custody.
Whether the assured timeline for FSL report and trial completion influences the bail decision.
2 provisions across 2 enactments
AKHIL
SANAL
SREERAG @ MARAS
VINAYAKAN @AMBADI
SANDEEP @ GUJANDY
SAYISH
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
