Abdul Nazar. A vs State Of Kerala

Mohammed Nias C.P, J.

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

The petitioner is the seventh accused in Crime No.560/2023 of Kondotty police station, Malappuram, registered for having committed offences under Sections 143, 147, 148, 342, 355, 357, 323, 324, 325, 326, 302 and 201 read with 149 of the Indian Penal Code.

The prosecution case is that a migrant labourer, Rajesh Manji was found near the house of one Varuvallipilakkal Alavi between 00-15 hours and 3.20 hours of 13.5.2023. Alleging that Rajesh Manji came to commit theft, accused Nos.1 to 3 who are the children of Alavi and accused Nos.4 to 9 who are the neighbours of Alavi, severely beat Rajesh Manji from the courtyard of the house, using plastic hose, wooden sticks, chappal and reaper, after tying his hands from behind, using a plastic rope. They further kicked and beat Rajesh Manji repeatedly and took him to the road margin near Tavanur Valiya Juma Masjid to destroy the evidence of the beating, removed the banian of Rajesh Manji and also removed the DVR of the CCTV installed in an office situated in between the house of Alavi and Tavanur Valiya Juma Masjid. Due to the assault of the accused, Rajesh Manji succumbed to the injuries. Thus, the accused committed the above offences.

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

Learned counsel for the petitioner submits that he is innocent of the allegations and that in none of the statements taken under Section 164 Cr. P.C., there is any mention of any overt act committed by the petitioner.

Learned Public Prosecutor points out that the previous statements pointed to the involvement of the petitioner herein. That apart, it is stated that a further statement was taken on 2.8.2023 from Jaleel K.V., CW1, which also revealed that on the date of the incident, the second accused had called the petitioner at 12.26 a.m., and he had reached the spot. Since these are all matters to be considered at the time of the trial, I do not think that there is any change in circumstances to take a different view now given the gravity of the charge, and the brutality committed on a hapless migrant worker. Under such circumstances, I am not inclined to grant the bail to the petitioner and the same is accordingly dismissed.