Saju V.P vs State Of Kerala

Mohammed Nias C.P.J

The first and second accused in BA No.10739/2023 and the third accused in BA No.10767/2023 in Crime No.655/2023 of Kunnathunadu police station have filed these applications for regular bail under Section 439 of the Code of Criminal Procedure, having committed offences punishable under Sections 120B, 364, 302, 201 and 212 and r/w section 34 of the Indian Penal Code.

The prosecution allegation is that the son of the first accused, Ansil Saju, was murdered by one Biju on 12.01.2022, and it was one Ebil Benny who had taken Ansil Saju to Biju, and a case was registered with regard to the incident as Crime No.26/2022 of Kurruppampady police station. When the first accused in that case, Biju was released on bail, the first accused gave a ‘quotation’ to one Eldhose M.K. To do away, Mr.Biju Eldhose obtained money and liquor from the first accused, and he did not murder Biju as promised. Due to that enmity towards Eldhose, accused Nos.1 to 3 committed criminal conspiracy to commit the murder of Eldhose. On 18.08.2023 at about 6.00 p.m., Eldhose was taken in autorickshaw No. KL 40 A 9251 belonging to the first accused by the first and second accused to the rubber estate belonging to one Veliyath Kora, situated about 200 meters north of Kurisu junction at Thrikkalathur and the first and second accused fist and beat Eldhose with hands and the first accused hit on his head with a wooden stick and hit on the left side of his head with a stone. The first and second accused committed his murder, and the first accused, along with the third accused, had taken the first and second accused in a car and helped them to escape after committing murder and thereby committed the above offence.

The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.

Learned counsel for the petitioners submits that the allegations against them are false, they are innocent of the allegations, and they are in custody since 21.8.2023 and 28.07.2023, respectively. Learned counsel appearing for A3 submits that there are no overt acts alleged against him, unlike A1 and A2 and only because he was the bother of A1, he was roped in.

The Learned Public Prosecutor opposes the bail application and submits that this is a pre-planned murder, there is ample evidence in support of the charge and prays for dismissing the application.

After hearing the rival submissions, in particular, the motive alleged for the crime, namely that one Biju murdered the son of the first accused, and when Biju was released on bail, the first accused engaged Eldhose to do away with Biju. Eldhose had obtained money from A1, and he did not murder Biju as promised. Due to that enmity, A1 to A3 hatched a criminal conspiracy to commit the murder of Eldhose. Accordingly, on 18.8.2023, Eldhose was taken in an autorickshaw belonging to A1 by A1 and A2 to the rubber estate belonging to one Kora and A1 and A2 beat Eldhose with their hands, and A1 hit his head with a wooden stick and hit on the left side of his head with a stone. A2 also assaulted him with the wooden stick atone. It is also noticed that the first accused, along with A3, had taken A2 in a car and helped them to escape after committing the crime. There is a charge of conspiracy against A3 as well, who is none other than the brother of A1; the involvement of A3 in the crime, along with the other accused, is clear from the records. The motive of the crime, the gravity of the offence committed, injuries 34 in number, and evidence in support of the charge are all against the accused to consider granting bail to them. Under such circumstances, I am not inclined to grant bail to the petitioners.

Accordingly, these applications are dismissed.