Sanal vs State Of Kerala
2024 Latest Caselaw 4976 Ker

Kerala High Court

Sanal vs State Of Kerala on 12 February, 2024

B.A.No.10926/23 & 542/24             1




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
                      BAIL APPL. NO. 542 OF 2024
   CRIME NO.1255/2020 OF Anthikad Police Station, Thrissur
PETITIONERS/ACCUSED NO.6:

            AKHIL,
            AGED 25 YEARS,
            S/O.SHAJI, MOOTHRATHIPARAMBIL HOUSE, THANNIAM
            DESOM, THANIAM VILLAGE, (RP 792), PIN - 680 565.

            BY ADVS.
            P.K.VARGHESE
            M.T.SAMEER
            K.R.ARUN KRISHNAN
            DHANESH V.MADHAVAN
            JERRY MATHEW
            NAMITHA K.S.
            DEVIKA K.R.



RESPONDENT/COMPLAINANT:

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

                  SRI.Gracious Kuriakose -ADGP


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2024, ALONG WITH Bail Appl.10926/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.10926/23 & 542/24            2




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
                    BAIL APPL. NO. 10926 OF 2023
   CRIME NO.1225/2020 OF Anthikad Police Station, Thrissur
     AGAINST THE ORDER/JUDGMENT SC 799/2021 OF ADDITIONAL
                SESSIONS COURT(ADHOC) III, THRISSUR
PETITIONER/ACCUSED NO.1:

     1      SANAL,
            AGED 24 YEARS,
            S/O.SADANANDAN, PALLIYIL HOUSE, MUTTICHUR DESOM,
            PADIYAM VILLAGE, THRISSUR, PIN - 680 641.

     2      SREERAG @ MARAS,
            AGED 32 YEARS,
            S/O.VENUGOPAL, THEKKOOT HOUSE, THANNIYAM DESOM,
            THANNIYAM VILLAGE, THRISSUR, PIN - 680 565.

     3      VINAYAKAN @AMBADI,
            AGED 26 YEARS,
            S/O.SOORYAN, PALAKKAL HOUSE, MANALOOR DESOM,
            MANALOOR VILLAGE, THRISSUR, PIN - 680 617.

     4      SANDEEP @ GUJANDY,
            AGED 26 YEARS,
            S/O.HARIDASAN, PARAPULLY HOUSE,
            ANTHIKKAD DESOM ANTHIKKAD VILLAGE,
            THRISSUR, PIN - 680 641.

     5      SAYISH,
            AGED 26 YEARS,
            S/O.SURESH, CHIRAYATH HOUSE, MANALOOR DESOM,
 B.A.No.10926/23 & 542/24            3



            MANALOOR VILLAGE,THRISSUR, PIN - 680 617.

            BY ADVS.
            P.K.VARGHESE
            M.T.SAMEER
            DHANESH V.MADHAVAN
            K.R.ARUN KRISHNAN
            JERRY MATHEW
            REGHU SREEDHARAN



RESPONDENT/COMPLAINANT:

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

            SRI.Gracious Kuriakose -ADGP


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2024, ALONG WITH Bail Appl..542/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.10926/23 & 542/24            4




                             ORDER

[Bail Appl.Nos.542/2024, 10926/2023]

The petitioners in these applications are accused Nos.1 to 6

in Crime No.1225 of 2020 of Anthikad Police Station, which is

now pending before the Additional Sessions Court-I, Thrissur as

S.C.No.799 of 2021. The offences alleged against the petitioners

are under Sections 120B, 341, 324, 326, 302, 392, 506(ii), 212,

109, 201 read with Section 34 of the IPC and Section 27 of the

Arms Act.

2. The prosecution case is that, during the night of

14.08.2020, the accused persons, total 13 in number hatched a

conspiracy at a rented accommodation, to commit murder of one

Nidhil, who was the accused in Crime No.964 of 2020 of

Anthikad Police Station. As part of the execution of the said plan,

on 10.10.2020 at 11.15 AM, accused Nos.1 to 6 came in a car,

wrongfully restrained him and committed his murder. The 1 st

accused was arrested on 11.10.2020, the 2 nd accused was

arrested on 12.10.2020, 3rd and 4th accused were arrested on

24.10.202, 5th and 6th accused were arrested on 13.10.2020.

Since then, they have been under judicial detention. Even

though they approached this Court on earlier occasions, their

bail applications were dismissed. These applications were

submitted in such circumstances.

3. Heard Sri.P.K.Varghese, learned counsel for the

petitioners and Sri.Gracious Kuriakose, learned Additional

Director General of Prosecution for the State.

4. The learned counsel for the petitioners points out that

the petitioners have been under judicial custody since October,

2020 and more than three years have elapsed. The trial of the

case is not likely to take place in the near future, and there is no

purpose in keeping them under judicial detention. He also

disputes the sufficiency of the materials to make out a case

against the said petitioners. On the other hand, the learned

Additional Director General of Prosecution stoutly opposes the

application by pointing out that all the petitioners have criminal

antecedents for getting involved in offences of heinous nature. It

is also the case of the learned Additional Director General of

Prosecution that, the petitioners are belonging to a goonda gang

and the deceased was also a person belonging to a rival gang.

The incident occurred due to a gang war between two factions.

The learned Additional Director General of Prosecution also

apprehends that the gang war will repeat if petitioners were

released on bail. He expressed his apprehension as to the safety

of the petitioners as well, if they were released.

5. Earlier when the matter came up for consideration, as

the learned counsel for the petitioners voiced apprehension as to

the delay in completing the trial, a report was called for from the

learned Sessions Judge as to the present status of the case and

also with regard to the probable time within which the trial can

be completed. In response to the same, a report dated

03.02.2024 of the Additional Sessions Judge-I, Thrissur was

placed on record, wherein it has been mentioned that, the trial

could be completed within a period of six months after getting

the FSL report from the Chemical Laboratory, even though there

are 103 prosecution witnesses. The learned Additional Director

General of Prosecution after getting instruction in this regard

submitted that, the process of chemical examination can be

expedited and same would be made available within a period of

one month from today.

6. On carefully going through the records, it is seen that

this is a case in which a person was brutally murdered. The

perusal of the case diary would indicate that the murder was

apparently conducted in a pre-planned manner, and all the

petitioners herein were alleged to have participated in the

assault which resulted in the death of the deceased. Specific

overt acts are alleged against all of them. Besides the same, as

rightly pointed out by the learned Additional Director General of

Prosecution all the petitioners have criminal antecedents.

Apprehension voiced by the learned Additional Director General

of Prosecution as to the possibility of the gang war commencing

again cannot be ruled out as the incident which resulted in the

registration of the crime was part of a gang war. The learned

Additional Director General of Prosecution has also made an

undertaking that the chemical analysis report will made

available within a time frame and the learned Sessions Judge

also submitted a report to the effect that upon receipt of such

chemical analysis report, the trial will be completed within six

months.

In such circumstances, I do not find any merit in these

applications and these applications are dismissed.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/13.2.24

APPENDIX OF BAIL APPL. 10926/2023

PETITIONER ANNEXURES

Annexure 1 A TRUE COPY OF THE ORDER DATED 02.12.2020 IN CRL.MP NO.5170/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II, THRISSUR

Annexure 2 A TRUE COPY OF THE ORDER DATED 23.12.2020 IN CRL.MP NO.5774/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- II, THRISSUR

Annexure 3 THE COMMON ORDER DATED 13.01.2021 IN CRL.MC NO. 1472/2020 AND CRL.MC NO.1519/2020 OF SESSIONS COURT, THRISSUR

Annexure 4 A TRUE COPY OF THE ORDER DATED 03.02.2021 IN CRL.MC NO.125/2021 OF THE SESSIONS COURT, THRISSUR

Annexure 5 . A TRUE COPY OF THE ORDER DATED 13.09.2021 IN CRL.MC NO.1312/2021 OF THE SESSIONS COURT, THRISSUR

Annexure 6 TRUE COPY OF THE ORDER DATED 28/02/2022 IN BA 8492/2021 OF HON'BLE HIGH COURT OF KERALA

Annexure 7 A TRUE COPY OF THE ORDER DATED CRL.MP NO. 752/2023 IN SC NO.799/2021 OF THE ADDITIONAL SESSIONS COURT-III, THRISSUR

Annexure 8 A TRUE COPY OF THE ORDER DATED 22.11.2023 IN CRL.MP NO.5994/2023 IN SC NO.799/2021 OF ADDITIONAL SESSIONS COURT-III, THRISSUR

Annexure 9 TRUE COPY OF THE ORDER DATED 28.11.2023 IN BA 9395/2023 OF HON'BLE HIGH COURT OF KERALA

Annexure 10 A TRUE COPY OF THE TREATMENT DETAILS OF THE PETITIONER ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM

APPENDIX OF BAIL APPL. 542/2024

PETITIONER ANNEXURES

Annexure 1 TRUE COPY OF THE COMMON ORDER DATED 23.12.2020 IN CRL.MP NO.5774/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II, THRISSUR

Annexure 2 TRUE COPY OF THE COMMON ORDER DATED 13.01.2021 IN CRL.MC 1518/2020, CRL.MC 1478/2020, CRL.MC 1472/2020,CRL.MC NO.1519/2020 OF SESSIONS COURT, THRISSUR.

Annexure 3 TRUE COPY OF THE COMMON ORDER DATED 06/07/2023 IN BA 2922/2022 AND BA 4922/2022 OF HON'BLE HIGH COURT OF KERALA

Annexure 4 TRUE COPY OF THE ORDER DATED 28.11.2023 IN BA 9395/2023 OF HON'BLE HIGH COURT OF KERALA