Vishnu Prasad @ Vishnu vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The petitioners are the accused Nos. 4 and 6 in Crime No.203/2022 of Kasaba Police Station, Palakkad. The offences alleged are punishable under Sections 109, 118, 120B, 324, 326, 307, 302, 465, 471, 201 r/w 34 of IPC and section 27(3) r/w 7(a) of the Arms Act.

The prosecution case, in short, is that on 15/4/2022 at about 1.20 p.m., the petitioners and the remaining accused, in furtherance of their common intention to commit the murder of one Sri. Mohammed Subair, rammed a car into the bike on which he and his father were returning from the mosque, and the accused Nos.1 and 2 slashed him with weapons that they were carrying, and he, after that succumbed to the injuries.

Heard Sri.P.Vijayabhanu, the learned senior counsel appearing for the petitioners, Sri.Gracious Kuriakose, the learned Additional Director General of Prosecution and perused the case diary.

The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime, and hence they are entitled to get bail. The learned ADGP opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners, and if the petitioners are released on bail at this stage, they would influence the witnesses.

The first petitioner was arrested on 29/4/2022. The second petitioner was arrested on 4/5/2022, and since then, they have been in judicial custody. Indeed, the investigation is over, and the final report has already been filed. A perusal of the final report would reveal that the accusation made against the petitioners is well-founded. The allegations against them are very serious, and it prima facie shows a pre-meditated criminal act on their part.

The  murder  occurred  because  of  political  rivalry between two political outfits, such as RSS and PFI. The petitioners are members of RSS, and the deceased was a member of PFI. The final report reveals that one of the members of RSS, viz., Sanjith, was murdered by a few persons who owe allegiance to PFI. The accused believed that the deceased Subair, the Para Area President of PFI, was the kingpin behind the murder of Sanjith. According to the prosecution, to wreak vengeance against Subair, the accused entered a conspiracy and, in pursuance of the said conspiracy, murdered him. The records show that the petitioners were active conspirators in the conspiracy, and they were involved in the murder of Subair. The incident took place on 15/4/2022. Before that, there was an attempt to kill Subair on 8/4/2022, but it could not succeed due to the presence of a police party. There are materials to show that on 8/4/2022, the 4th accused was seen along with some of the principal offenders. There are also materials to show that the 4th accused was aware of the plan and design of the conspiracy, and he actively facilitated the same. The materials further show that 3rd accused is the employee of the 6th  accused, who introduced the 3rd accused to the 5th  accused for executing the murder of Subair. The materials further show that the 6th accused was present with the other accused, and he dropped the 3rd accused at the place of occurrence on 8/4/2022 and 15/4/2022.

The records reveal that the murder was committed in a gruesome manner. Dangerous weapons were used. The deceased has sustained 74 injuries. All the injuries were spread to various parts of the body. Multiple injuries were inflicted on the head and chest. The father of the deceased also sustained a fracture on his right leg.

A series of murders took place in Palakkad District and other parts of Kerala due to the political rivalry between the two groups mentioned above, and this is one among them. The learned ADGP submitted that a tense situation is prevailing in Palakkad District, and if the petitioners are released on bail, there is every possibility for worsening the law-and-order situation. The learned ADGP further submitted that the petitioners are influential and powerful, and there is every likelihood of them influencing the witnesses if they are released on bail. The said submission cannot be lightly brushed aside, considering the entire facts and circumstances. The crime was committed after meticulous and calculated planning and was executed precisely. It was a retaliation for an earlier political rivalry.

Having regard to all these aspects, I am of the view that the petitioners cannot be released on bail at this stage, and the application is only to be dismissed. Accordingly, the bail application is dismissed.