Achu Varghese vs State Of Kerala

Applications for regular bail under Section 439 of the Cr.P.C.

The applicant in B.A.No.2734/2021 is the 7th accused; while the applicant in B.A.No.2773/2021 is the 4th accused in Crime No.297/2021 of Pathanamthitta Police Station for having allegedly committed the offences punishable under Sections 450, 323, 324, 325, 326, 380, 120B, 302 and 202 read with Section 34 of the I.P.C.

The prosecution case, in brief, is that accused 1 to 6 hatched a conspiracy to commit murder of the 1st accused's father, deceased Abraham, and in consequence of that conspiracy, on 25.02.2021, accused 1 to 4 reached the scene of occurrence in a car bearing Reg.No.KL-03-R-9853 and accused 5 and 6 came there on a scooter bearing Reg.No.KL-03-AB-8421 and while accused 1 to 3 trespassed into the house of the deceased after having made preparations to commit murder, and accused 4 to 6 kept guard on the road in front of the house. Accused 2 and 3 attacked the deceased with iron rods, broke both his hands and the 3rd accused allegedly kicked him and fractured his ribs, as a result of which, the deceased succumbed to the injuries. The 7th accused allegedly got information about the incident and he reached the scene of occurrence and despite having known about the occurrence, he sent messages to the 1st accused; but restrained from informing the commission of the offence to the police knowing that it was a very grave offence committed by the other remaining accused.

The applicants state that they have been falsely implicated in the crime and there was no conspiracy as alleged by the prosecution and the 4th accused states that the deceased is the husband of the 1st accused's mother and both the 1st accused and his mother were thrown out of the house by the deceased and they have no place to reside and the 4th accused, who was abroad at that time, gave shelter to them in his house where his wife was residing. Accused 1 to 3 wanted to go and meet the deceased and the 4th accused took them to that house in his car. He never knew about the alleged act of murder and also did not hatched any conspiracy. He has no criminal antecedents, and therefore, he seeks bail.

The 7th accused contends that he was not even a part of the conspiracy, nor was he part of the alleged act of murder. He had allegedly reached the scene of occurrence subsequent to the occurrence and the only allegation against him is an offence punishable under Section 202 of the I.P.C., which according to him is only a bailable offence. He also does not have any criminal antecedents. Both accused 4 and 7 have been in custody since 28.02.2021. Further detention of the applicants would not serve any purpose, and therefore, they seek bail.

Heard the learned Counsel for the applicants and the learned Public Prosecutor.

This is a case of patricide allegedly committed by the 1st accused with the active involvement and assistance of accused 2 and 3. None of the other accused have any overt act attributed to them, apart from being members of the conspiracy, which was allegedly hatched at the house of the 4th accused and the 7th accused allegedly refrained from informing the offence to the police and thus committed an offence under Section 202 of the I.P.C. Both accused 4 and 7 do not have any criminal antecedents and they have been in custody from 28.02.2021. Continued detention of the applicants does not appear to be necessary for the purpose of investigation. There is no possibility of their absconding or fleeing from justice. There is nothing to be recovered from them. They have already been interrogated. Under the circumstances, I find that the applicants are entitled to bail.

As a result, the bail applications are allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

ii) They shall not attempt to influence or intimidate the witnesses; and

iii) They shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.