Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 19TH DAY OF OCTOBER 2020 / 27TH ASWINA, 1942 BAIL APPL..NO.6288 OF 2020 CRIME NO.993/2019 OF PUNNAPRA POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED : PIOUS, AGED 24 YEARS, SON OF FELIX, PARAYAKKATTIL HOUSE, PUNNAPRA VILLAGE, SOUTH SIDE OF PARAVUR RAILWAY STATION, ALAPPUZHA DISTRICT. PIN-688004 BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT : STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. SRI BIMAL K NATH, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BAIL APPL..NO.6288 OF 2020 2
ORDER
This application is filed under Section 439 of the Cr.P.C.
2. The applicant herein is the accused No.11 in S.C.No.1 of 2020 on
the file of the Court of Session, Alappuzha. He along with the rest of the accused face indictment under Sections 143, 147, 148, 149, 323, 324, 326, 364, 118, 302 and 201 of the IPC.
3. The applicant was arrested in connection with the aforesaid Crime on 25.09.2019 and he remains in custody. His earlier applications were dismissed by this Court by Annexure-A1 and A2 orders.
4. As per the charge, the prosecution allegation is that the accused
had previous enmity towards the Manu @ Kakan Manu and they were looking out for an opportunity to do away with him. On 19.08.2019, the accused Nos.1 to 4 with intent to murder the aforesaid Manu, wrongfully restrained him outside the Bonanza Bar near Paravur junction and the 1st accused is alleged to have attacked him. Accused Nos.2 to 4 joined the 1st accused and inflicted grievous injuries on his body. After inflicting injuries as aforesaid, the aforesaid Manu was abducted by accused Nos.2 and 3 in a scooter and he was taken to the Galeelio beach which is
BAIL APPL..NO.6288 OF 2020 3 situated on the western side of Paravur. Manu was pulled down from the scooter and he was taken to the beach. It is further alleged that the 1st accused then summoned accused Nos.7 to 14 over on his mobile phone and they reached the spot and Manu was brutally attacked leading to his death. It is further alleged that accused No.15 reached the spot thereafter and he is alleged to have given instructions to the rest of the accused to bury the body of the aforesaid Manu in the beach and burn his clothes and other personal items. Based on a complaint lodged by the father of Sri. Manu, Crime was registered on 21.08.2019 under Section 57 of the Kerala Police Act, 2011. Accused Nos.2 to 4 were arrested on 22.08.2019 and the 5th accused was arrested on 24.08.2019. It appears that the 5th accused disclosed about the burial of the body of Manu and based on the said disclosure, the body was recovered from the beach. The prosecution also alleges that deceased Manu was a member of the Shapumukku group and the accused are the members of Galeelio group and these groups were engaged in a gang war.
5. Sri. Priyadarshan Thampi, the learned counsel appearing for the
applicant, submits that the applicant was not there in the first phase of the incident. He would further contend that the allegation against the applicant is that he joined the rest of the accused at the beach. The allegation against the petitioner is that the petitioner had beaten the deceased with a stick. It is further submitted that the accused Nos.14
BAIL APPL..NO.6288 OF 2020 4 and 15 have already been granted bail. According to the learned counsel, the principal accused are persons with criminal antecedents and it is due to the said fact that their applications were dismissed. Insofar as the applicant herein is concerned, he is aged only 24 years and he is involved only in one earlier crime. He has not been found guilty by a court of law as well. The learned counsel prays that the applicant be granted bail taking note of the long period of incarceration undergone by him.
6. The learned Public Prosecutor has seriously opposed the prayer.
It is submitted that all the accused except accused Nos.14 and 15 are in judicial custody. According to the learned Public Prosecutor, the allegations are extremely grave and that the applicant herein also had a major role to play. He fairly submits that the prosecution has no case that the applicant was a participant in the first phase of the crime.
7. I have considered the submissions advanced and have gone through the records. Admittedly, the applicant has been in custody for
over a year. It is by now settled that the principles which should guide the Courts in the exercise of their discretion to grant bail or not are the probability of the accused appearing to take the trial and not his supposed guilt or innocence. As held by the Apex Court in Dataram Singh v. State of Uttar Pradesh [2018 (3) SCC 22] matters relating to bail are to be considered in a humane manner and compassionately without being
BAIL APPL..NO.6288 OF 2020 5 carried away by the severity of the allegations. The fact that the applicant has only one crime to his credit prior to the incident and that he has not been convicted cannot be lost sight of. Having regard to the period of detention undergone, the role assigned to the applicant, his age and antecedents, I am of the view that by imposing stringent conditions to ensure the interest of the prosecution, he can now be released on bail.
In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:
1). The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. 2). He shall not commit any similar offence while on bail. 3). He shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If release of the passport is required at a later period, the applicant shall be at liberty to move appropriate application before the Court having jurisdiction. BAIL APPL..NO.6288 OF 2020 6 In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law. Sd/- RAJA VIJAYARAGHAVAN V JUDGE DSV