Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942 CRIME NO.1491/2020 OF Koratty Police Station, Thrissur PETITIONER/S: ANILKUMAR AGED 28 YEARS SON OF SIVAN, KIZHAKKEPURATH HOUSE, KONNAKUZHI DESOM, PARIYARAM P.O., CHALAKUDY TALUK, THRISSUR DISTRICT, BY ADV. SRI.N.L.BITTO RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY PUBLIC PROSECUTOR R1 BY DIRECTOR GENERAL OF PROSECUTION SRI. S.SAJJU SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 17th day of February 2021 The applicant has filed successive bail applications. He is the second accused in Crime No.1491/2020 of Koratty Police Station, Thrissur, for having allegedly committed an offence punishable under Section 302 r/w Section 34 of the IPC.
2. The prosecution case, in brief, is that on 18.11.2020 between 6.30 p.m and 8.30 p.m, the applicant in furtherance of common intention with the 1st accused attacked the deceased named Eby by
kicking and fisting him alleging that he had committed theft of their purse and mobile phone, and assaulted them brutally first inside a Toddy shop. When the Toddy Shop Manager asked them to go out, they followed the deceased and thereafter allegedly continued with assault ultimately resulting in his death. The postmortem report indicates that there was a fracture to his sternum and almost all the ribs were broken. There were penetrating injuries and internal bleeding which led to his death.
3. The applicant states that he is innocent and the allegations are not true. His bail application was dismissed by this Court for the
reason that the investigation is still its infancy. Now the final report has already been filed and the committal proceedings are pending, there is no purpose for further detention of the applicant and therefore he may be released on bail.
4. Heard the learned counsel for the applicant and the learned Public Prosecutor.
5. The learned Public Prosecutor has
vehemently opposed the application for bail stating that the applicant is a person having criminal antecedents. The co-accused is also having criminal antecedents. The applicant is involved in seven crimes from the year 2008 to 2014 and that there are only circumstantial evidences and that the witnesses had seen the presence of the accused persons and the Manager of the Toddy shop has also testified to the effect that the quarrel had started from inside the Toddy shop, and therefore in case the applicant is released on bail at this stage, there is every possibility that he may attempt to influence and intimidate witnesses. Therefore, it is submitted that the applicant may not be released on bail until the trial is over.
6. The learned counsel appearing for the
applicant submits that in most of the cases, the applicant has been acquitted and since 2014 he was not involved in any crime. Therefore, the applicant may be released on bail.
7. After having heard the submissions on both sides, I find that there are crucial matters to be considered. It is true that there are no
eyewitness for the applicant committing the murder. But there is evidence to the effect that the applicant started assaulting the deceased at the toddy shop, and thereafter he continued to assault ultimately resulting in his death. The presence of the applicant was noticed by certain persons at the scene of occurrence and their evidence is very crucial for the trial of this case. Considering the fact that the applicant has criminal antecedents, and that he is involved in brutal murder, and has even without any weapon, caused the death of a person with bare hands, indicates the brutality of the murder. Considering these aspects, I am not inclined to grant him bail. The final report has already been filed, and I direct the committal court and also the trial court to expedite the trial and take it to its logical conclusion at the earliest. Sd/- ASHOK MENON JUDGE SPK