Dismissed

Sharafudheen v. State of Kerala

Kerala HC5 Mar 2024Bail Appl./917/2024

Case brief

AI extract

What is this about?

The High Court of Kerala rejected a bail application filed by three accused persons charged under multiple sections of the IPC, including culpable homicide. Citing the severity of injuries, post-mortem report details, and risk of witness influence, the court declined regular bail.

What did the court decide?

Bail application rejected on the grounds of gravity of offence, nature of injuries, and apprehension of witness tampering and adverse effect on trial.

Sharafudheen Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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TUESDAY, THE 5^TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 BAIL APPL. NO. 917 OF 2024

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CRIME NO.560/2023 OF KONDOTTY POLICE STATION, MALAPPURAM

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PETITIONERS/ACCUSED:

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1 SHARAFUDHEEN, AGED 43 YEARS S/O. ALAVI, VARUVALLIPILAKKAL HOUSE, 1-MILE, THAVANUR P.O, KIZHISSERI, MALAPPURAM, PIN - 679573 2 MUHAMMAD AFSAL, AGED 34 YEARS S/O. ALAVI, VARUVALLIPILAKKAL HOUSE, 1-MILE, THAVANUR P.O, KIZHISSERI, MALAPPURAM 679573, PIN - 679573 3 MUHAMMAD FASIL, AGED 37 YEARS S/O. ALAVI, VARUVALLIPILAKKAL HOUSE, 1-MILE, THAVANUR P.O, KIZHISSERI, MALAPPURAM, PIN - 679573 BY ADVS. SRUTHY K.K P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI SRUTHY N. BHAT RAHUL SUNIL NIKITA J. MENDEZ SOHAIL AHAMMED HARRIS P.P.

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RESPONDENT/COMPLAINANT & STATE:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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SRI.VIJAYAKUMAR (SR), ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)

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THIS BAIL APPLICATION HAVING COME UP FOR FINAL HEARING ON 28.2.2024, THE COURT ON 05.03.2024 DELIVERED THE FOLLOWING:

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BA No.917/2024

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MOHAMMED NIAS C.P., J

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............................................................

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B.A. No.917 of 2024

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Dated this the 5^th day of March, 2024

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ORDER

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This is an application is filed by accused Nos.1 to 3 under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.

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Petitioners are accused 1 to 3 in crime No.560/2023 of Kondotty police station, Malappuram district, registered for the offences under Sections 143, 147, 148, 342, 355, 357, 323, 324, 325, 326, 302 and 201 read with Section 149 of the Indian Penal Code.

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The prosecution case is that a migrant labourer, Rajesh Manji was found near the house of one Varuvallipilakkal Alavi between 00-15 hours and 3.20 hours of 13.5.2023. Alleging that Rajesh Manji came to commit theft, accused Nos.1 to 3 who are the children of Alavi and accused Nos.4 to 9 who are the neighbours of Alavi, severely beat Rajesh Manji from the courtyard of the house, using plastic hose, wooden sticks, chappal and reaper, after tying his hands from behind, using a plastic rope.

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BA No.917/2024

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They further kicked and beat Rajesh Manji repeatedly and took him to the road margin near Tavanur Valiya Juma Masjid and to destroy the evidence of the beating, removed the banian of Rajesh Manji and also removed the DVR of the CCTV installed in an office situated in between the house of Alavi and Tavanur Valiya Juma Masjid. Due to the assault of the accused, Rajesh Manji succumbed to the injuries. Thus, the accused committed the above offences.

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I had earlier considered the bail applications of accused Nos.4, 5, 6, 7 and 8 and they were dismissed by orders dated 19.10.2023. The second applications filed by the accused Nos.7 and 8 in the same crime were also rejected by me by orders dated 10.1.2024 and 13.12.2023 in B.A.Nos.10919/2023 and 10174/2023, respectively.

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I had clearly noticed the gravity and seriousness of the crime, particularly the postmortem report which showed that 57 injuries on the body of the deceased. Except for the nine injuries on the backside, all the other injuries would clearly show that they were multiple, blunt, force injuries including to the brain. Physical violence and strangulation are clearly seen from the postmortem report. The deceased was coming from a tribal area of Bihar and after considering the gravity and serious nature of allegations against the petitioner, the postmortem report, the chance of conviction on the basis of the evidence on record and also the

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BA No.917/2024

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apprehension raised by the prosecution that the accused are witnesses coming from the same area and the possibility of the witnesses being influenced and the trial being adversely affected cannot be ruled out.

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Though the learned Senior Counsel for the petitioner submits that the deceased was found lying in their house and the overt act was alleged only against the other accused, the record shows clear allegations made against these petitioners as well. Under the above circumstances, I am not inclined to grant bail to the petitioners taking into account the seriousness of the allegations, the nature of the evidence in support of the charge,the apprehension raised by the prosecution about influencing or intimidating the witnesses as all of them hail from the same place, likelihood of release adversely affecting the trial, being well founded.

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Accordingly, the bail application is rejected.

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Sd/MOHAMMED NIAS C.P. JUDGE

okb/

BA No.917/2024

APPENDIX OF BAIL APPL. 917/2024

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PETITIONERS ANNEXURES

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ANNEXURE 1 COPY OF THE ORDER DATED 21-08-2023 IN CRL.M.P.NO. 1093/2023 OF THE COURT OF SESSION, MANJERI ANNEXURE 2 COPY OF THE ORDER DATED 27-10-2023 IN CRL.M.C.NO. 1207/2023 OF THE COURT OF SESSION, MANJERI ANNEXURE 3 COPY OF THE COMMON ORDER DATED 24-112023 IN CRL. M.C. NO. 1461/2023 AND 1462/2023 OF THE COURT OF SESSIONS, MANJERI

Sharafudheen v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sharafudheen v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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