Niviya T S @ Sruthi And Ors vs State Of Kerala And Ors

The applicant in B.A.No.6869 of 2020 is the 18th accused, the applicant in B.A.No.6969 of 2020 is the 19th accused and the three applicants in

B.A.No.6970 of 2020 are accused Nos. 3, 5 and 6 respectively in Crime No.419 of 2020 of Panangad Police Station, Ernakulam, for having allegedly

committed offences punishable under Sections 120B, 143, 147, 148, 201, 212, 294(b), 302, 323, 324, 341, 506(ii) read with Section 149 of the of the

IPC. The prosecution case, in brief, is this:

The 18th accused, who is a lady, was involved in a narcotic drugs case and was apprehended and taken into judicial custody. She had the notion

that it was the defacto complainant and his friend, the deceased, who had intimidated the Police leading to the apprehension of the accused in the

narcotic case. To question this, the A2 was informed and the defacto complainant and the deceased were allegedly called for being questioned

regarding the incident and there was a scuffle, which resulted in slapping of the defacto complainant. It is stated that thereafter on the very same day,

that is 13.09.2020 in the evening near Nettoor INTUC Junction, the applicants and the other accused, hatched a conspiracy to commit murder of the

defacto complainant and his friends and they reached there on motor cycles and car and allegedly attacked the defacto complainant and the deceased

resulting the death of the deceased. Injuries were caused by 1st accused, who stabbed the deceased. The 2nd accused hit him with an iron rod and

the 3rd accused allegedly hit him with a helmet. All the remaining accused present there at the scene of occurrence, actively participated in restraining

the defacto complainant and his friends including the deceased. Accused Nos. 18 and 19 were part of the conspiracy, but were not present at the

scene of occurrence. The investigation has progressed well and accused Nos. 9, 10, 11, 13 and 20 are released on bail from this Court. The applicants,

therefore, submit that these accused who have the lesser role may also be released on bail. Accused Nos. 3, 5 and 6 were arrested on 16.09.2020,

while accused Nos. 18 and 19 were arrested on 26.09.2020 and continue in judicial custody.

The learned Public Prosecutor submits that it is the 18th accused, who was instrumental in hatching of the conspiracy and the consequent

commission of murder. It is also submitted that the 3rd accused was actively involved in assaulting the deceased and the defacto complainant with the

helmet. The learned Public Prosecutor also points out that the 18th accused has another criminal case against her for being involved in a narcotic

case. Accused No. 3 has one more case against him and the 6th accused has two other cases against him. Considering the antecedents of the

applicants and the fact that it was a very planned murder, which was the result of a conspiracy, which was hatched by all these applicants, the learned

Public Prosecutor submits that they may not be released on bail. He has specific objection to the release of accused Nos. 3 and 18, who had very

active role in the entire incident.

After having heard the submissions made by both sides and given my due consideration to the entire facts and circumstances of this case, I find that

except for A3 and A18, the remaining accused are similarly placed as those accused, who have already been granted bail. They have been in custody

since 16.09.2020 and 26.09.2020 and there is nothing to be recovered from them, even though, A6 has criminal antecedents against him. I am,

therefore, of the opinion that those applicants are entitled to bail being similarly placed with those who have already been granted bail.

Coming to A18, it is understood that she is involved in another crime under the NDPS Act. She has no other IPC offences against her. It is true

that there is a very serious allegation that she was instrumental in hatching the conspiracy with the remaining accused to do away with the deceased.

And, therefore, the learned Public Prosecutor has serious objections in granting bail to the 18th accused. She has been in custody since 26.09.2020 and

there is nothing more to be recovered from her. There is no possibility that she may abscond and not co-operate with the investigation. The

investigation would definitely be centered around the conspiracy which was hatched at the behest of the 18th accused. But, I find that there is no

reason why should co-operate with the investigation. Under the circumstances, she also entitled to bail. Regarding the 3rd accused, it is true that he

has one more crime registered against him under the NDPS Act. But his overt act in this particular crime is only limited to having assaulted the

deceased with the helmet. A helmet is definitely not a deadly weapon. The cause of death of the deceased is due to the stab which was caused by the

1st accused and to some extent by being beaten with an iron rod by the 2nd accused. Under the circumstances, the 3rd accused is also to be released

on bail because he has been in custody since 16.09.2020.

In the result, I find that the applicants are all entitled to be released on bail. But, considering the nature of the offence and the conspiracy that was

hatched, they are directed to co-operate with the investigation and hence, certain stringent conditions are to be imposed.

In the result, the applications are allowed and the applicants are directed to be released on bail on the execution of bonds for Rs.50,000/-(Rupees

Fifty thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further

conditions:

(i) They shall appear before the Investigating Officer on all Mondays between 9.00AM and 12.00PM for a period of two months or till filing of the

final report whichever is earlier.

(ii) They shall surrender their passports and in case, they don't have one, file an affidavit to that effect before the jurisdictional court.

(iii) They shall not intimidate or influence witnesses and tamper with evidence.

(iv) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail applications are allowed.