Haris. V. @ Sulu vs State Of Kerala

Ashok Menon, J

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicants are accused 2 and 3 in Crime No.36/2021 of Kadavanthra Police Station, in which final report has already been filed and presently

pending on the files of the Additional Sessions Court-I, Ernakulam as S.C.No.12/2021. The applicants have allegedly committed the offences

punishable under 120B, 201 and 302 read with Section 34 of the Indian Penal Code.

The prosecution case, in brief, is thus:

The deceased Thomas Job was a friend of the 1st accused and they were together involved in a theft case. They fell out, and because of that enmity

towards the deceased, the 1st accused allegedly hatched a conspiracy with accused 2 and 3 in the house of the 2nd accused to murder Thomas Job.

In consequence of that, the 2nd accused allegedly procured seven litres of petrol and kept it beside the railway track, where the 1st accused allegedly

hid a hammer. The 3rd accused induced and persuaded the deceased to come to the scene of occurrence. He brought him in an autorickshaw, they

had some alcohol together in a bar, and thereafter, he led the deceased to the scene of occurrence at about 1.00 AM on 27.01.2021, where accused 1

and 2 were allegedly waiting for the deceased. After the deceased reached there, the 1st accused allegedly hit him on his head with the hammer,

which he had hidden beside the railway track, and thereafter he poured the petrol supplied to him by the 2nd accused and set him ablaze leading to his

death.

The applicants state that they are totally innocent and the allegation of conspiracy and their involvement in the act is denied. It is stated that they are

the sole breadwinners of their respective families and the 1st applicant is a transgender. The only allegation against the applicants is that the 1st

applicant had procured petrol to facilitate the 1st accused to commit the murder and that the 2nd  accused had brought the deceased to the scene of

occurrence by inducing him to reach there. The applicants state that they do not have any criminal antecedents, they are willing to cooperate with the

trial and the investigation has already been completed, and therefore, further detention of the applicants, who have been in custody since 27.01.2021,

may not be required, particularly in these pandemic times.

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

The learned Public Prosecutor admits that the applicants have no other criminal antecedents. But it is pointed out that there is clinching evidence

regarding the procurement of petrol by the 2nd accused and also evidence regarding the 3rd accused bringing the deceased to the scene of

occurrence in an autorickshaw. All these put together would conclude that they had hatched a conspiracy to commit the murder of the deceased.

It is true that the prosecution has collected evidence to indicate that there may be a conspiracy hatched by accused 1 to 3 to eliminate the

deceased. But the actual act of murdering the deceased was perpetrated exclusively by the 1st accused, who first hit him on his head with a hammer

and thereafter poured the petrol and set him ablaze. The only allegation against the 2nd accused is that he had brought petrol to the scene of

occurrence. And the allegation against the 3rd accused is that he had persuaded the deceased to reach the scene of occurrence. The conspiracy is

something to be proved during trial. The applicants do not have any criminal antecedents. There is no specific overt act on the part of the applicants to

commit the alleged act of murder. Under the circumstances, I find that further detention of the applicants may not be necessary. There is also no

possibility of the applicants fleeing from justice and not cooperating with the trial.

As a result, the bail application is 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 for trial on each date of posting without fail unless specifically exempted by the trial court;

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.