Full Judgment
BA Nos.6595, 6666 & 8323 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 13TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945 BAIL APPL. NO. 6595 OF 2023 AGAINST THE ORDER IN BA. 5987/2023 OF HIGH COURT OF KERALA CRIME NO. 1023/2023 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 1 AND 2: 1 JISHNU J AGED 26 YEARS S/O JAYAKUMAR J.J. PALACE,VALIYAVILA, VADASSERIKONAM P.O THIRUVANANTHAPURAM, PIN - 695143 2 JIJIN J AGED 25 YEARS S/O JAYAKUMAR J.J. PALACE,VALIYAVILA, VADASSERIKONAM P.O THIRUVANANTHAPURAM, PIN - 695143 BY ADVS. S.NIKHIL SANKAR K.RAJENDRAN CHETTIAR RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ADDL.R2 DEVADETHAN R S/O RAGHAVAN GURU MANDIRAM, VALIYAVILAAKAM VADASSERIKONAM P.O, OTTOOR THIRUVANANTHAPURAM-695143 (IMPLEADED AS ADDL. R2 VIDE ORDER DATED 13.10.2023 IN CRL.MA.1/2023 IN BA 6595/2023) BA Nos.6595, 6666 & 8323 of 2023 2 SRI.GRACIOUS KURIAKOSE, ADDL. DIRECTOR GENERAL OF PROSECUTION SMT.T V NEEMA SR.PP BY ADVS. SRI. P.K.VARGHESE FOR ADDL R2 SRI.JERRY MATHEW
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.10.2023, ALONG WITH BA NO.6666/2023, 8323/2023, THE COURT ON 13.10.2023 DELIVERED THE FOLLOWING: BA Nos.6595, 6666 & 8323 of 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 13TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945 BAIL APPL. NO. 6666 OF 2023 AGAINST THE ORDER/JUDGMENT CMP 6310/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III, ATTINGAL (TEMPORARY) CRIME NO. 1023/2023 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM PETITIONER/3RD ACCUSED: MANU.M AGED 26 YEARS S/O.MURALIDHARAN.P RESIDING AT MANU BHAVAN, NJEKKAD, VADASSERIKONAM.P.O, THIRUVANANTHAPURAM DISTRICT, PIN -
BY ADV SASTHAMANGALAM S. AJITHKUMAR RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ADDL.R2 DEVADETHAN R S/O RAGHAVAN GURU MANDIRAM, VALIYAVILAAKAM VADASSERIKONAM P.O, OTTOOR THIRUVANANTHAPURAM-695143. (IMPLEADED AS ADDL. R2 VIDE ORDER DATED 13.10.2023 IN CRL.MA.1/2023 IN BA 6666/2023) SRI.GRACIOUS KURIAKOSE, ADDL. DIRECTOR GENERAL OF PROSECUTION BA Nos.6595, 6666 & 8323 of 2023 4 SMT.T V NEEMA SR.PP BY ADVS. SRI. P.K.VARGHESE FOR ADDL R2 SRI.JERRY MATHEW THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.10.2023, ALONG WITH BA NO.6595/2023 AND CONNECTED CASES, THE COURT ON 13.10.2023 DELIVERED THE FOLLOWING: BA Nos.6595, 6666 & 8323 of 2023 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 13TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945 BAIL APPL. NO. 8323 OF 2023 AGAINST THE ORDER/JUDGMENT CRMC 2333/2023 OF I ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM CRIME NO. 1023/2023 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM PETITIONER/4TH ACCUSED: SYAM KUMAR AGED 26 YEARS S/O. KUTTAPPAN K.S. NANDANAM, NJEKKAAD DESAM KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695605 BY ADVS. SASTHAMANGALAM S. AJITHKUMAR V.S.THOSHIN SATHEESH MOHANAN SREEJITH S. NAIR RESPONDENT/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ADDL.R2 DEVADETHAN R S/O RAGHAVAN GURU MANDIRAM, VALIYAVILAAKAM VADASSERIKONAM P.O, OTTOOR THIRUVANANTHAPURAM-695143. (IMPLEADED AS ADDL. R2 VIDE ORDER DATED 13.10.2023 IN CRL.MA.1/2023 IN BA 8323/2023)
BA Nos.6595, 6666 & 8323 of 2023 6 SRI.GRACIOUS KURIAKOSE, ADDL. DIRECTOR GENERAL OF PROSECUTION SMT.T V NEEMA SR.PP BY ADVS. SRI. P.K.VARGHESE FOR ADDL R2 SRI.JERRY MATHEW THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.10.2023, ALONG WITH BA NO.6595/2023 AND CONNECTED CASES, THE COURT ON 13.10.2023 DELIVERED THE FOLLOWING: BA Nos.6595, 6666 & 8323 of 2023 7
MOHAMMED NIAS C.P., J.
………………………………………………….. B.A.Nos. 6595, 6666 and 8323 of 2023 ………………………………………………….. Dated this the 13th day of October, 2023
ORDER
These applications are filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.
2. The petitioners in the above cases are accused Nos.1 to 4 in crime
No.1023/2023 Kallambalam police station, Thiruvananthapuram, for having committed offences punishable under Sections 447, 323, 324, 327 and 302 read with 34 of the Indian Penal Code.
3. The prosecution case is that accused persons in furtherance of their
common intention to commit murder of Raju and to cause hurt to his house members, on 28.6.2023 at 00.30 hours, accused Nos.1 to 4 criminally trespassed into the compound of the house of said Raju by name Sreelekshmi House at Ottoor village and cause hurt to said Raju and his daughter Sreelekshmi and his wife Jaya. Accused No.2 beat the said Sreelekshmi with a stick and on seeing the same, Raju intervened and then accused No.1 hit Raju with a spade on his head and body and accused Nos.1 to 4 stamped him on his chest and his body. When the father of the de facto complainant named Devadattan intervened, accused No.1 beat him on his head and body with a spade and accused Nos.1 to 4 cut him on his chest and stomach and BA Nos.6595, 6666 & 8323 of 2023 8 attempted to kill him. Accused No.1 hit the de facto complainant with a spade and accused Nos.2 to 4 caused hurt to her. Raju succumbed to the injuries inflicted to him in the incident. Thus, the accused Nos.1 to 4 committed the offences punishable under the aforesaid sections.
4. I have heard the learned Counsel Sri.Sasthamangalam S. Ajithkumar
and Adv. Nikhil Shankar for the petitioners, Sri.Gracious Kuriakose, learned Senior Counsel and Additional Director General of Prosecution, Sri. P.K. Varghese and Smt.T.V.Neema, the learned Senior Public Prosecutor, at length.
5. The learned Counsel for the petitioners Sri.Sasthamangalam S.
Ajithkumar argues that the investigation has been completed and final report was filed; all the witnesses are neighbours to the family of the deceased and therefore, there is no chance of them being influenced, there will be delay in trial and that the petitioners, who are first time offenders, are prepared to abide by any conditions to be imposed by this Court. The learned counsel in other cases also supported the arguments of Sri.Ajith kumar.
6. The learned Senior Counsel and Additional Director General of
Prosecution, Sri.Gracious Kuriakose, opposes the bail applications and points out that the accused had gone to the house of the deceased at odd hours on the marriage eve of his daughter and created a havoc, assaulted and had caused the death of the girl's father and injured several others. The marriage had to be postponed because of that. He contended that all the eye witnesses BA Nos.6595, 6666 & 8323 of 2023 9 in the case are close neighbours and relatives. The petitioners if released on bail would cause serious repercussions likely to affect the trial.
7. The learned counsel who appeared for the de facto complainant,
apart from supporting the arguments of the learned Prosecutor, argued that apart from CW1 to 4, all other witnesses are neighbours and the chance of influencing and intimidating them is very high. The daughter of the deceased has re-married and her future life will also be vitally affected if the petitioners are enlarged on bail. The accused arrived at the house knowing fully well that the intention of their visit is to cause havoc, were premeditated to unleash violence.
8. Having considered the rival contentions, I am not inclined to grant
bail to the petitioners for the reasons to follow:- The petitioners are charged of having committed a serious offence, in particular, a premeditated attack due to the enmity on account of the alleged love affair and denial of marriage proposal by the second accused with the daughter of the deceased, the manner in which death was caused by trespass and jointly assaulting the deceased and others on the eve of the marriage of the daughter of deceased, the eye witnesses to the incident being neighbours of the petitioners, the likelihood of them being influenced or intimidated, the evidence that point towards the commission of the offence, the sense of insecurity and lawlessness created in the area where the petitioners and the family of the deceased and the other injured resides, all make me hold that BA Nos.6595, 6666 & 8323 of 2023 10 the petitioners are certainly not entitled to bail. The applications are accordingly dismissed. Sd/- MOHAMMED NIAS C.P. JUDGE okb BA Nos.6595, 6666 & 8323 of 2023 11 APPENDIX OF BAIL APPL. 6666/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF FIR IN CRIME NO. 1023/2023 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT AnnexureA 2 THE TRUE COPY OF THE REMAND APPLICATION OF A3 IN CRIME NO. 1023/2023 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A3 THE TRUE COPY OF THE ORDER IN CMP NO.6310/2023 THE JUDICIAL FIRST CLASS MAGISTRATE- III, ATTINGAL, (TEMPORARY ) BA Nos.6595, 6666 & 8323 of 2023 12 APPENDIX OF BAIL APPL. 8323/2023 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF THE ORDER IN CRL.M.C.
NO.2333/2023 BEFORE THE ADDITIONAL DISTRICT AND SESSIONS COURT-1, THIRUVANANTHAPURAM DATED 15/09/2023 BA Nos.6595, 6666 & 8323 of 2023 13 APPENDIX OF BAIL APPL. 6595/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE EMPLOYMENT DETAILS OF THE 1ST PETITIONER ISSUED BY C.G.M,KELTRON DATED Annexure 2 TRUE COPY OF THE STATE TRADE CERTIFICATE ISSUED TO THE 2ND PETITIONER BY THE PRINCIPAL,INDUSTRIAL TRAINING INSTITUTE,ATTINGAL DATED 22/01/2020