Adhithyan vs State Of Kerala

Gopinath P., J

These are applications for regular bail.

Petitioners are accused Nos.2 and 3 in Crime No.1041 of 2021 of Balussery Police Station, Kozhikode District, which is now pending in committal

proceedings as C.P.No.74 of 2021 of Judicial First Class Magistrate Court, Perambra.

The allegation against the petitioners is that they actively aided and abetted the killing of the wife of the 1st accused. It is alleged that the 1st

accused was having some suspicion that his wife was having an extra marital affair and on account of the same, the 1st accused had confined his

wife and subjected her to severe torture. Allegedly the wife of the 1st accused was so tortured and illegally detained at the house of a friend of the 1st

accused. Thereafter, the 1st accused had taken his wife from his friend's house to his house for the purpose of taking a mobile phone, which was used

by his wife. The petitioners herein are alleged to be part of a gang, of which, the 1st accused was the leader. It is alleged that on the way back from

the house of the 1st accused to the house of his friend, the petitioners were in the car along with the 1st accused and the deceased and their children.

In the car also the deceased was subjected to severe torture, as a result of which, she succumbed to her injuries. It is alleged that the petitioners along

with the 1st accused thereafter took the deceased and practically dumped the deceased in the house of the friend of the 1st accused and had left the

place.

The learned counsel appearing for the petitioners in theses cases would submit that the petitioners are absolutely innocent in the matter. It is

submitted that the main allegations are against the 1st accused. It is submitted that the only allegation against the petitioners can be that they

accompanied the 1st accused and the deceased together with their children in the car. It is submitted that on the instructions of the 1st accused, one

among the petitioners had taken a car on rent and the other petitioner had accompanied him on a ride to the house of the friend of the 1st accused. It

is submitted that they have no role whatsoever in the murder of the deceased.

The learned Public Prosecutor vehemently opposes the grant of bail. He points out from the statement given by the minor daughter of the deceased

that the petitioners were part of a gang, of which, the 1st accused was the leader. It is submitted that going by the statement given by the minor

daughter, the petitioners were active participants in the torture of the deceased. It is submitted that they instigated the 1st accused to kill the deceased.

It is submitted that they did not do anything to prevent the deceased from inflicting injuries on the deceased while they were in the car with the 1st

accused and the deceased. It is submitted that though a final report has been filed in the matter, considering the grave and brutal murder of the

deceased in the fashion indicated above, the petitioners are not entitled to be released on bail and a custodial trial is warranted.

I have considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor. It is no doubt true that the statement

given by the daughter of the deceased clearly indicates that the petitioners are also aided and abetted the commission of crime by the 1st accused. It is

clear from the statement of the minor daughter of the deceased that the petitioners used to call the 1st accused as 'Boss' and were part of a gunda

gang headed by the 1st accused. It is submitted that the 1st accused is having criminal antecedents and as many as 15 cases are registered against

him. However, taking note of the fact that both the petitioners are only 19 years of age and considering the submission of the learned counsel

appearing for the petitioners that they had not in any manner aided or abetted the commission of offence by the 1st accused and the only role was to

accompany the 1st accused and the deceased from Venniyur to Veryambram in the car on the fateful day, I am inclined to grant bail to the petitioners

also considering the fact that they had been in custody from 10.10.2021 / 11.10.2021. Since a final report has already been filed in the matter, the

continued detention of the petitioners may not be necessary for the purpose of any investigation.

In the result, these bail applications are allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(1) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction

of the Jurisdictional Court;

(2) Petitioners shall not attempt to or to influence or intimidate any witness in Crime No.1041 of 2021 of Balussery

(3) Petitioners shall not enter the local limits of Balussery Police Station or Kottakkal Police Station, where material witnesses are stated to reside, till the competition

of trial in the case, except for appearing before the court or before any authority.

(4) Petitioners shall surrender their passport before the Jurisdictional Magistrate. If they or anyone among them do not have a passport an affidavit shall be executed

to that effect and filed before the said court within seven days of release on bail.

(5) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1041 of 2021 of Balussery Police Station, Kozhikode District, may

file an application before the Jurisdictional Court for cancellation of bail. Any observation contained in this order is only for the purpose of considering

the entitlement of the petitioners for bail and shall not be treated as a finding by this Court on any point.