Arun vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the second accused in Crime No.936 of 2020 of Thrissur West Police Station, Thrissur District, for having committed offences punishable under Section 302 r/w Section 34 of the Indian Penal Code.

The prosecution case, in brief, is that, on 13.8.2023, the petitioner and the 1st accused went to pick up the brother of the 1st accused coming from Trichy. After they reached the Shakthan bus stand, the deceased informed them to come and pick them up from 'Das Bar Hotel'. The 1st accused, deceased and one Mr Shihab, had drinks from the said hotel. Thereafter, when they were returning home, some disputes arose between the 1st accused and the deceased wherein the 1st accused beat the deceased with his helmet and caused his death, thereby committing the above offences.

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

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated, and the role against him is comparatively minimal. Learned counsel for the petitioner submits that no overt act is alleged against him, as the allegation is that the first accused hit the deceased with the helmet. Further, it is submitted that there are no antecedents against him, and the helmet has already been recovered and prayed for enlarging him on bail, as he was arrested on 14.8.2023.

The Learned Public Prosecutor opposed the petition based on the report filed. It is to be seen that the petitioner herein, though aware of what actually happened, did not disclose the same and suppressed the whole incident and attempted to frame a fake scenario to the incident.

As rightly pointed out by the prosecution, there was an attempt on the part of the petitioner to cover up a murder that took place in his presence, and since the investigation is going on, I am not inclined to grant bail to the petitioner at this stage, more particularly when the prosecution alleges a chance of the petitioner absconding. Under such circumstances, I am not inclined to grant bail.

Accordingly, the bail application is dismissed.