Deenoy Christo K.X vs State Of Kerala To Be Rep. By Public ...
2021 Latest Caselaw 13946 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE K.HARIPAL
  TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                     BAIL APPL. NO. 4845 OF 2021
     AGAINST THE ORDER/JUDGMENT IN CRMC 1086/2021 OF I
        ADDITIONAL DISTRICT COURT, ERNAKULAM, ERNAKULAM
 CRIME NO.36/2021 OF KADAVANTHRA POLICE STATION, ERNAKULAM
                              DISTRICT
PETITIONER/1ST ACCUSED:

           DEENOY CHRISTO K.X.
           AGED 24 YEARS
           S/O.XAVIER, KOTTUNGAL HOUSE, C.C.14/1080,
           CHULLICKAL, MATTANCHERRY - 682 002.

           BY ADVS.
           K.S.MADHUSOODANAN
           M.M.VINOD KUMAR
           P.K.RAKESH KUMAR
           K.S.MIZVER
           M.J.KIRANKUMAR


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR
           HIGH COURT OF KERALA, ERNAKULAM - 682 031.

    2      INSPECTOR OF POLICE
           KADAVANTHRA POLICE STATION,
           ERNAKULAM DISTRICT, PIN - 682 020.

           ADV.SRI. SANTHOSH PETER,SR.PUBLIC PROSECUTOR


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.07.2021,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO.4845 OF 2021
                             -2-



                         ORDER

The first accused in crime No.36/2021 of Kadavanthra

police station has moved this application under Section 439

of the Cr.P.C. seeking his release on bail. He was formally

arrested for the case on 03.02.2021. The crime was

registered alleging offence under Sections 120B, 302 and

201 read with Section 34 IPC.

2. I heard the learned counsel for the petitioner and

also the learned Public Prosecutor.

3. The learned counsel for the petitioner submits

that eventhough offence under Section 302 IPC etc.is

alleged against the petitioner, the prosecution could not

collect direct evidence proving the involvement of the

petitioner in the alleged commission of the crime. Accused

Nos.2 and 3, who had allegedly hatched the conspiracy,

arranged petrol etc., have already been granted bail. The

petitioner has no criminal antecedents to his credit except a

theft case registered in Elamakara police station in which he BAIL APPL. NO.4845 OF 2021

has been granted bail.

4. The learned Public Prosecutor has strongly

opposed the application.

5. According to him, this is a ghastly crime

organised by the petitioner. After involving in a theft case

along with the deceased, fearing that the deceased will

reveal the incident and identity of the petitioner, he was

taken to the railway track near the KSRTC bus stand,

caused him to be intoxicated, and killed him by hitting with

a hammer on his head. The other accused also associated

with him by arranging petrol etc. Later, the body was set

ablaze near the railway track. According to the learned

Public Prosecutor, on completion of the investigation, charge

sheet has already been laid and now the matter is pending

as C.P.12/2021 before the Judicial First Class Magistrate-

VIII, Ernakulam.

6. After hearing counsel on both sides, I do not

think that, in the interest of justice, this is a fit case to

release the petitioner on bail. To make a long story short, it BAIL APPL. NO.4845 OF 2021

is evident that the petitioner along with the deceased had

committed a theft in the house of a near relative in which

122 sovereigns of gold were thieved; fearing that, on

custodial interrogation of the deceased, Thomas Jobin, the

identity of the culprits will be revealed and petitioner also

will be nabbed by the police, in order to escape from the

clutches of law, the said Thomas Jobin was induced to the

railway track and was killed using a hammer. Thereafter,

petrol was poured on the body and he was set ablaze. The

offence under Section 201 IPC is also alleged against the

petitioner.

Having regard to the nature of the offence and the

character of the offender, I am not inclined to release him

on bail.

The application is dismissed.

Sd/-

K.HARIPAL JUDGE nkr/06.07.2021