Murukeshnarendran vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 438 of the Code of Criminal Procedure 1973, seeking pre-arrest bail.

Petitioners are accused Nos.1 and 2 in crime No.316/2020 of Pookkottumpadam police station, Malappuram. The offences alleged against the accused are punishable under Section 120B(1) of the Indian Penal Code.

The prosecution case is that, between 27-7-2018 and 27-7-2020 , petitioners 1 and 2 along with accused Nos.3 to 10 committed criminal conspiracy with the intention to kill the de facto complainant for the reason that he helped one Murukesh Prabhakaran in his family property dispute with the petitioners 1 and 2. It is submitted that the case is only a foisted case against the petitioners and registered at the instance and under the influence of the de facto complainant due to political pressure. There are several civil and criminal disputes and proceedings pending between the petitioners, de facto complainant and his henchmen.

The petitioners would contend that they are innocent of the allegations, they have not committed any offence as alleged and the entire prosecution allegation is a fabricated story. The learned Senior Counsel for the petitioners Sri.S. Sreekumar, arguing for the petitioners, submits that the report submitted by the Detective Inspector, Crime Branch, Malappuram makes it clear that the allegations against the petitioner are baseless. He referred to the following portions of the report filed by the Detective Inspector, in support of the above contentions:

“It is humbly submitted before the Hon’ble Court that no evidence has been found to prove that the suspected persons in this case have conspired together or in different groups to plan the destruction of the complainant in this case till date. No credible evidence of any preparation or conspiracy made by the suspected persons to endanger the complainant in the incident related to the construction of Edakkara Bypass Road, Mangalore or at Pookottumpadam Regal Estate on 27.07.2021 has been received from the investigation conducted so far by analysing the call details of the accused persons and checking the Common Contacts, Common tower location, Common contact of each number with the other numbers, Common tower location of each numbers, and from the statements of the witnesses etc.

It is respectfully submitted before the Hon’ble Court that the investigation of the case is in the primary stage. The suspected persons can be included in the array of accused only after verifying the truth of the newly recorded statements and after finding scientific evidences to validate the facts revealed in the statements.”

He also argues that the previous litigations between the parties also would show that the complaint is filed on account of the civil disputes existing between the parties. Under the said circumstances, the learned Senior Counsel urged that the petitioners are entitled to anticipatory bail.

The learned Public Prosecutor made submissions opposing the bail on the basis of the report filed dated 27.7.2023.

The learned counsel Sri. Saidalikutty appearing for the de facto complainant would submit that the allegations raised against the petitioners are very serious inasmuch as the overt act alleged was to conspire and kill a Member of the Legislative Assembly on account of the enmity which the petitioners are having against them. As the case involves conspiracy and an agreement to kill the de facto complainant, releasing the petitioners on bail will affect a proper investigation. Since the offences are made out against the petitioners, he prayed before this Court to dismiss the application. He also pointed out that the basis for his assertions is evident from Annexure-R3(a), a complaint made before the Chief Minister on 29.7.2020.

Having considered the rival submissions, the previous litigations, and more importantly, the report submitted by the Detective Inspector Crime Branch Thiruvananthapuram, dated 27.7.2023, specifically pointing out that no evidence has been found to prove that the suspected persons had conspired together in different groups to do away with the de facto complainant and also in the absence of any credible evidence of any preparation or conspiracy made by the petitioners to endanger the complainant, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:-

The petitioners shall appear before the Investigating Officer within ten days from today and subject themselves to interrogation.

After interrogation, in the event of the Investigating Officer deciding to arrest them, they shall be released on bail on executing a separate bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned.

They shall appear before the Investigating Officer for interrogation as and when directed.

They shall also cooperate with the investigation and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade them from disclosing such facts to the court or the police officer.

They shall not leave India without the permission of the jurisdictional court.

They shall not commit any offence while on bail.

They shall appear before the Investigating Officer every Monday till the final report is filed.

If any of the above conditions are violated by the petitioners, the jurisdictional court is empowered to cancel the bail in accordance with law.