Vinil Raj vs State Of Kerala

Viju Abraham, J.

This is an application for anticipatory bail.

Petitioners are arrayed as accused Nos.2 and 3 in Crime No.782 of 2022 of Kodumon Police Station, Pathanamthitta registered alleging commission of offences punishable under Sections 304, 201 and 34 of the Indian Penal Code.

The allegation is that on 24.10.2022, a dead body of about 30 years old male was found in a stream (Thodu) near the farm owned by Musaliar College and initially a crime was registered under Section 174 of the Code of Criminal Procedure. On investigation it was found that the deceased has suffered an electric shock from the fencing of a nearby farm and died at the spot. The 1st accused, the custodian of the farm, was arrested and he confessed that the deceased was found dead near the fencing of the farm and the body was taken by him and left in the “Thodu” to destroy the evidence. Accused Nos.2 and 3 had taken the farm from the college for lease and the electric fencing was installed to prevent the wild animals from entering into farm. The 1st accused has acted in accordance with the directions of the 2nd and 3rd accused.

Petitioners submit that they have been falsely implicated in the abovesaid crime and that they had taken the farm of the Musaliar College on lease and started cultivation. Petitioners are residing 12 kms away from the said farm. 1st accused has entrusted the farm for cultivation and he installed the electric fencing to prevent the wild animals. The 1st accused was arrested on 28.10.2022 and is in custody since then. Petitioners submit that they are law abiding persons and their custodial interrogation may not be required for the purpose of investigation. Even though they filed an application for anticipatory bail before this Court, the same was rejected as per Annexure-2 order. Now the contention of the petitioners is that the 1st accused is already arrested and he has been thoroughly interrogated and therefore interrogation of the petitioners is not required for the purpose of the investigation.

Learned Public Prosecutor upon instructions submitted that the petitioners herein had taken the property on lease and constructed live electric wire fencing surrounding the agricultural land and the deceased happened to touch the electric line and he died. The investigation so far revealed that after disconnecting the electric connection, the 1st accused had taken the body of the deceased and had put it in a thodu nearby with an intention to destroy the evidence.

Considering the seriousness of the allegations, I find no reason to take a different view that was taken in Annexure-2. But taking into consideration the submission of the petitioners that the 1st accused is already arrested and he has been thoroughly interrogated and therefore custody of the petitioners is not required for the purpose of the investigation, I am of the opinion that these are all aspects to be considered by the Magistrate court concerned. The learned Magistrate while considering the bail application shall take into consideration whether the custodial interrogation of the petitioners is required or not especially taking note of the fact that the 1st accused is already arrested and interrogated.

With  the  above  limited  direction,  the  bail  application  is dismissed.