Sreevalsan vs State Of Kerala
2021 Latest Caselaw 14819 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                       BAIL APPL. NO. 4321 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 731/2021 OF DISTRICT COURT &
                    SESSIONS COURT,THRISSUR, THRISSUR
            (CRIME NO.132 OF 2021 OF KATTOOR POLICE STATION)
APPLICANT/ACCUSED NOS.5 AND 6

    1        SREEVALSAN
             AGED 38 YEARS
             S/O.PREMACHANDRA, PALLICAHADATHU HOUSE, PONJANAM DESAM,
             KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
    2        SHANAVAS,
             AGED 44 YEARS
             S/O.IBRAHIM, KUMMAMKANDATH HOUSE, THANISSERY KALLADA
             DESOM, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK,
             THRISSUR DISTRICT.
             BY ADV M.H.HANIS (K/264/2007)-14538


RESPONDENT/COMPLAINANT

             STATE OF KERALA
             REPRESENTED BY THE INSPECTOR OF POLICE, KATTOOR POLICE
             STATION, THRISSUR, REPRESENTED BY THE PUBLIC
             PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.




OTHER PRESENT:

             C.N.PRABHAKARAN- SR.P.P



     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. 4321/2021
                                       2




                                   ORDER

The petitioners, who are accused Nos. 5 and 6, undergoing

incarceration in connection with Crime No. 132 of 2021 of Kattoor Police

Station, Thrissur District, registered for the offences punishable under

Sections 302, 308, 120B, 212 read with 34 of Indian Penal Code, Section

3(a) of Explosive Substances Act and Section 27 of the Arms Act, have

preferred this application under Section 439 of the Code of Criminal

Procedure for their release on bail.

2. The prosecution case in brief is as follows:

The deceased, a lady by name Lakshmi was residing along

with her family in a rented building at Kattukadavu. On 14.03.2021 at

about 20.45 hours while she was standing along with a relative, a young

boy, in the road lying near her residential building, the accused, as a

result of the criminal conspiracy hatched between them, hurled

explosives towards her and with their common intention to cause her

death, stabbed and hacked her with deadly weapons and caused

grievous injuries including blast injuries to her. Her death was

instantaneous because of the gravity of injuries sustained by her.

Thereby the accused have committed the aforesaid offences.

3. The 1st petitioner was arrested on 17.03.2021 and the 2 nd B.A. 4321/2021

petitioner on 16.03.2021. They are in judicial custody since then.

4. The learned counsel for the petitioners have raised a plea

of false implication and total innocence regarding the alleged crime. It is

argued by the learned counsel that they have not participated in the

alleged incident, still they have been undergoing unnecessary

incarceration. Hence, this application.

5. The learned Public Prosecutor on the other hand stoutly

opposed the application and contended that the deceased was attacked

with the intention to murder her as a result of the criminal conspiracy

hatched between the accused. They were entertaining enmity towards

her husband and also towards her and so, a plot was designed by them

with the active participation of the 1st petitioner at his residence and

thereafter executed the same by accused Nos. 1, 3, 4 and 6. On the

relevant day, the deceased was standing in front of her house in the

road along with her close relative, a young boy aged 15 years. As they

were not having range to make calls in their mobile phone, they have

moved to the road and while the deceased was trying to make a call,

the accused hurled explosives towards her and after creating a

horrendous situation, the accused had caused murderous injuries on the

deceased to cause her death because of their enmity. The young boy B.A. 4321/2021

who was with her was also not spared by them and thus he too

sustained injuries though not serious. Though the investigation of the

case is over and charge sheet has been filed, the petitioners, who are

having very bad criminal antecedents, if released on bail will definitely

threaten and intimidate the witnesses to the prosecution and thus

tamper with the evidence in the case. More over their life will also

remain under threat because of their criminal background. It is also

pointed out by the learned Public Prosecutor that the 1 st petitioner is

involved in 28 criminal cases apart form this case and the 2 nd petitioner

is involved in 18 cases. KAAPA proceedings were also initiated against

them and they are included in the rowdy list of Kattoor Police Station.

So, granting of bail to the petitioners will definitely affect the trial of the

case adversely, is the stand taken by the learned Public Prosecutor.

6. The deceased was a house wife having 2 children.

Her daughter is married and residing along with her husband in

another house. The records would reveal that on the previous day,

the daughter of deceased Lakshmi, who is the defacto complainant

had noticed the presence of some of the accused persons near

her residence and she had informed the same to her mother, the

deceased. The 1st petitioner, who is very closely associated B.A. 4321/2021

with the family of the deceased, was informed by her about the presence

of some of the accused persons, as informed by her daughter and then

the 1st petitioner had pacified her and told that there was nothing to

worry about their presence near her house. So the prosecution case is

that in fact the deceased was having an apprehension that her husband

would be attacked by the accused in the case. But she was not

entertaining any doubt or suspicion about the 1 st petitioner and that is

why she contacted him, who participated in the conspiracy and designed

the plot to attack her along with the other accused. Prima facie it

appears that he misrepresented the facts to her and his real intention

was to assist and aid the other accused and to involve actively to commit

the heinous offence. Apparently the incident had taken place while a

close relative of the deceased was with her. So he is the occurrence

witness. He is a minor child aged only 15 years. So he has to testify the

true facts that transpired, before the Court without any fear, threat or

harm. The defacto complainant is the daughter of the deceased. She is

also a young lady aged only 26 years. As the petitioners are having

criminal antecedents no doubt the life of these witnesses will be in

danger, if they are released on bail. In fact the first petitioner is involved

in 28 cases and the second petitioner is involved in 18 cases. Of course B.A. 4321/2021

some cases ended in acquittal but that is not a ground to presume that

in all the cases the petitioners were falsely implicated as submitted by

the learned counsel. The sequence of events clearly indicates the

complicity of these petitioners in committing the crime of committing

brutal murder of a lady after blasting explosives and then inflicting

injuries on her with deadly weapons. The CD file reveals their active role

played in achieving the common intention of accomplishing the

murderous assault on the deceased.

7. As there is every possibility to intimidate, terrorise, influence and

instill fear in the witnesses and thus to tamper with the evidence of the

case as well to flee from justice, I am not inclined to grant bail to the

petitioners.

Hence, the bail application is dismissed.(It is made clear that the

above observations are made for the purpose of disposal of this bail

application.)

Sd/-

SHIRCY V

JUDGE

smm