Muthu vs State Of Kerala

P.G. Ajithkumar, J.

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the 5th accused in Crime No.510 of 2023 of Karuvarakundu Police Station, Malappuram. He allegedly had committed the offences punishable under Sections 120(b), 394, 342, 297, 201, 364 and 302 read with Section 34 of the Indian Penal Code.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The prosecution allegations are the following:

At 9.20 p.m on 11.08.2023, the 1st accused having conspired with other accused had committed murder of Smt.Sujitha and robbed her gold ornaments weighing 6.68 sovereigns. Thereafter the dead body was hanged with a view to disappear evidence. The further allegations are that accused Nos.2 and 4 brought down the dead body and tried to commit sexual acts on the corpse.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of tampering with evidence by the petitioner in the event of his release on bail, this petition deserves only to be dismissed. The learned Public Prosecutor further would submit that the final report in the matter has already been filed. The petitioner has been in custody since 21.08.2023. The allegation against him is confined to the criminal conspiracy.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and gravity of the offence alleged against the petitioner, his further detention is unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail. Such a consideration is, however, not possible in the case of other accused for, as revealed from the materials on record, the role of the 5th accused is minimal.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.1,00,000/- (Rupees One lakh only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence; and

(ii) During the bail period, he shall not get involved in any offence.

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