Kerala High Court
Johny Y.N vs State Of Kerala on 1 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
BAIL APPL. NO. 4856 OF 2022
CRIME NO.1423/2021 OF Parassala Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN Bail Appl. 475/2022 OF HIGH
COURT OF KERALA
[CRIME NO.1423/2021 OF PARASSALA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT]
PETITIONER/ACCUSED:
JOHNY Y.N., AGED 51 YEARS
S/O NESAMONY, RESIDING AT ASWATHY BHAVAN,
NEAR R.C CHURCH, KUZHICHANI, KEEZHAKOLLA,
CHENKAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695132.
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
RESPONDENT/STATE :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADVS.SRI.SAJJU S.
ADV.ABDUL RASHEE FOR THE MOTHER OF THE DECEASED
PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
PROSECUTOR()
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 4856/2022
2
BECHU KURIAN THOMAS, J
...........................................
B.A.No.4856 of 2022
.....................................
Dated this the 1 st day of July, 2022
ORDER
This is an application for regular bail filed under Section 439
of the Code of Criminal Procedure, 1973.
2. Petitioner is the sole accused in Crime No.1423 of 2021 of
Parassala Police Station now pending as S.C.No.1262/2022,
registered for the offences punishable under Sections 364,341,
342, 323, 326, 294(b), 302 r/w Section 34 of the Indian
Penal Code, 1860.
3. The prosecution case is that, on 24.06.2021 petitioner is
alleged to have committed murder of one Thomas.
Subsequent to the investigation, the final report has been
filed and the case is now pending as S.C.No.1262 of 2022
before the Additional Sessions Court, Neyyattinkara.
4. Sri.Prem Navaz, the learned counsel for the petitioner,
contended that, notwithstanding the dismissal of
B.A.No.8759/2021 and B.A.No.475/2022 by this Court, due to
a change of circumstances, the present application is filed.
BAIL APPL. NO. 4856/2022
He also points out that even going by the prosecution case,
the entire allegation could easily be shrugged aside as false
because it is impossible for one single individual to carry out
an assault of the nature alleged to have been committed on
the deceased. It was further submitted that the petitioner is
innocent and ought to be released on bail.
5. Sri.M.Abdul Rasheed, the learned counsel appearing on behalf
of the mother of the deceased, sought for an opportunity of
hearing. This Court permitted the said counsel to address the
arguments. He submitted that even during the investigation
stage, the mother of the deceased had filed an affidavit
before the Judicial First Class Magistrate Court-1,
Neyyattinkara, intimating the threat looming over her from
the accused and also pointed out that he is involved in
several criminal cases, including those filed under Abkari and
NDPS statues. If he is released on bail that can pose a threat
to their lives.
6. Sri.Sajju S., the learned Public Prosecutor, vehemently
opposed the grant of bail and submitted that petitioner has
been involved in several other cases and he has 11 criminal
antecedents and that the brutality of the murder committed
BAIL APPL. NO. 4856/2022
by the petitioner shows that the petitioner does not deserve
any leniency.
7. I have considered the rival contentions.
8. This Court had dismissed B.A.No.8759/2021 on 17.12.2021
and B.A.No.475/2022 on 31.01.2022. The petitioner was
arrested on 27.06.2021 and has been in custody since then.
In view of the dismissal of the earlier two bail applications, it
is essential upon the petitioner to show a change of
circumstances. In a case alleging murder, when two bail
applications have already been dismissed, a mere lapse of a
few months by itself would not make it a change of
circumstances so as to prefer a third bail application.
9. Considering the number and nature of injuries caused on the
body of the deceased apart from the fact that the mother of
the deceased had expressed her apprehension even during the
investigation stage itself, about the impending threat to life
from the accused and his goons. The above factors compel
this Court to decline the bail application to the petitioner.
Accordingly, I dismiss this bail application.
10. Notwithstanding the dismissal of this bail application,
the petitioner will be at liberty to move the trial court for
BAIL APPL. NO. 4856/2022
bail and if such application filed, the same shall be
considered as per law.
The bail application is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/01/07//2022
