Stiyo vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the third accused in Crime No.696 of 2019 of Kaipamangalam Police Station, Thrissur District registered for the offences punishable under Sections 342, 364, 397, 302, 201 and 120B read with Section 34 of the Indian Penal Code.

The prosecution case is that the deceased, the husband of CW2, was the owner of a petrol pump. Every day he used to return to his house late at night with the money collected from his business in the petrol pump. The petitioner and the first accused who were aware of the said fact conspired together and with their motive to commit robbery chased the defacto complainant who was proceeding in his car at about 1.15 a.m on 15.10.2019. He used to travel to his residence by taking his vehicle through the service road. These accused persons also followed him in their motorcycle and when he reached near a curve on the road, an accident was created by them and the second accused remained on the road as if he fell down and sustained injuries in the accident. Soon the deceased came out of the car to know what had happened actually and at that time these accused persons wrongfully caught hold of him and assaulted him and even pasted a cello tape on his mouth and dragged him into the very same car and abducted him to a far away place and assaulted him. They looted his money and all belongings and brutally murdered him. Thereby they have committed the aforesaid offences.

Petitioner submits that he is in custody from 16.10.2019 onwards and he is innocent in the allegations against him. Even though the petitioner had moved this Court earlier, the same was rejected as per Annexures-1 to 4 and later his application for bail was also rejected by the Sessions Court as per Annexure-5.

Learned Additional Public Prosecutor seriously opposed the application for bail mainly contending that the trial of the case is nearly over and is posted for defence evidence and if the petitioner is released on bail, there is every chance for him to abscond from the clutches of law.

Taking into consideration the nature of the allegation and facts and circumstances of the case, I am not inclined to grant bail to the petitioner. At this point of time petitioner submits that his sister's betrothal is fixed on 20.08.2022 and he seeks for leniency and for grant of an interim bail so as to attend the said function. To the said request the learned Additional Public Prosecutor submitted that the petitioner could be permitted to attend the function with police escort and he also undertook that the policemen who are accompanying him will not be in uniform. Therefore, there will be a direction to the Deputy Superintendent of Police, Irinjalakuda to escort the petitioner to attend the function scheduled to be held on 20.08.2022 and the petitioner is permitted to be there from 10.00 a.m. to 2.00 p.m.

With the above limited direction the bail application will stand dismissed.