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Munthaseer vs State Of Kerala

High Court Of Kerala · Decided on 8 August 2022 · Citation: (2022) 08 KL CK 0076

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302, 366, 376. 379, 393, 396 · Protection of Children from Sexual Offences Act, 2012 — Section 3(a), 4, 5(1), 6 · Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(ii)(v)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5939 Of 2022
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Judgment

8 paragraphs · 452 words

Viju Abraham, J

1.

This is an application for regular bail.

2.

The petitioner is the 3rd accused in Crime No.826/2021 of Chadayamangalam Police Station, Kollam alleging commission of offences punishable under Section 396 and 302 r/w Section 34 of the Indian Penal Code.

3.The prosecution case is that, on 22.07.2021, at 1.30 am, accused Nos. 1 to 5, in furtherance of their common intention, committed the murder of Ajayan Pillai, who was the driver of lorry bearing No. KL 09 A H 3111, while committing dacoity and thereby committed the aforesaid offence.

4.The learned counsel for the petitioner submitted that the petitioner is in custody from 29.07.2021 onwards and the final report is already submitted. Though the petitioner moved an application before the Session Court, Kollam, the same was rejected as per Annexure-A2 order.

5.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner is involved in 5 other crimes, ie., Crime No.1254/2019 of Ayiroor Police Station for offences u/s. 366, 376 IPC 3 (a) r/w 4, 5(1) r/w 6 POCSO 3(ii)(v) SC/ST Act, Crime No.910/2021 for offence u/s. 393 of IPC & Crime No. 929/2021 u/s. 379 r/w 34 IPC of Chadayamangalam Police Station and Crime No.593/2021 for offence u/s 379 of IPC & Crime No.541/2021 for offence u/s 392 of IPC of Paravur Police Station. It is further submitted that it is a case of brutal murder committed by the accused persons to loot valuables from a driver of a lorry and after committing the murder they looted the money and mobile phone of the deceased and it is further submitted that the murder was committed while the driver was sleeping inside the lorry. It is also contended that, if the accused is released on bail, there is every chance to intimidate the witnesses and flee from justice and to get involved in crimes of a similar nature.

6.

Considering the serious nature of the allegation and the criminal antecedents of the petitioner, I am not inclined to grant bail to the petitioner. When the matter was taken up for consideration during the last posting, a report was called for from the Sessions Court, Kollam regarding the present stage of the trial, It was intimated that the case is posted for framing of charges and that the report of the Forensic Science Laboratory, Thiruvananthapuram is awaited. Since the petitioner is in custody from 29.07.2021 onwards, there will be a direction to the Sessions Court-IV, Kollam to expedite the disposal of SC No.1507/2021. It is made clear that the petitioner is free to move an application for bail if the trial of the case is unduly delayed.

Accordingly, the bail application is disposed of.