Kerala High Court
Sudhin vs State Of Kerala on 19 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 19TH DAY OF JULY 2022 / 28TH ASHADHA, 1944
BAIL APPL. NO. 2908 OF 2022
CRIME NO.826/2021 OF CHADAYAMANGALAM POLICE STATION,
KOLLAM
PETITIONER:
SUDHIN
AGED 19 YEARS, S/O SUDHEER, RESIDING AT VAYALIL
PUTHEN VEEDU, THAZHAM VADAKKU, NEAR
VALIYAPALAM, ITHIKKARA, MEENADU VILLAGE,
CHATHANNOOR, KOLLAM, PIN - 691334
BY ADVS.
R.N.SANDEEP
KEERTHI VIJAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SUB INSPECTOR OF POLICE,
CHADAYAMANGALAM POLICE STATION,
CHADAYAMANGALAM, NEAR SH 1,
CHADAYAMANGALAM, PIN - 691534
BY ADV
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA. No.2908/2022
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ORDER
Dated this the 19th day of July, 2022 This is an application for Regular Bail.
2. The petitioner is the 1st accused in Crime No.826/2021 of Chadayamangalam Police Station, Kollam alleging commission of offences punishable under Section 302 and r/w Section 34 of the IPC.
3. The prosecution case is that, on 22.07.2021 at 1.30 am, the petitioner along with the other accused persons in the crime had committed the murder of one Ajayan Pillai, who was a lorry driver and who was sleeping inside the lorry parked by side of the road at Kalappila Junction and had robbed a sum of Rs.3,000/- and a mobile phone possessed by the said Ajayan Pillai and thereby the accused persons are alleged to have committed offences under Sections 302 and r/w Section 34 of the IPC.
4. The learned counsel for the petitioner submitted that the petitioner is in custody from 29.07.2021 onwards and the final report is already submitted. Though the petitioner BA. No.2908/2022 ..3..
moved an application for bail earlier before this Court as BA No.426/2022 the same was dismissed as withdrawn as per order dated 03.02.2022. Though the petitioner moved an application before the Session Court, Kollam, the same was rejected as per Anx.1 - order.
5. The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner is involved in Crime No.2084/2022 of the Kottiyam Police Station registered for the offences under Sections 294 (b), 452, 323, 354, 143, 147, 148 and 149 of the IPC and Crime No.541/2021 of Paravur Police Station registered for the offence under Section 392 of the IPC. It is further submitted that it is a case of brutal murder committed by the accused persons to loot valuables from a driver of a lorry and after committing the murder they looted the money and mobile phone of the deceased and it is further submitted that the murder was committed while the driver was sleeping inside the lorry. It is also contended that, if the accused is released on bail, there is every chance to intimidate the witnesses and flee from justice and to get involved in crimes of a similar nature. BA. No.2908/2022
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6. Considering the serious nature of the allegation and the criminal antecedents of the petitioner, I am not inclined to grant bail to the petitioner. When the matter was taken up for consideration during the last posting, a report was called for from the Sessions Court, Kollam regarding the present stage of the trial, It was intimated that the case is posted for framing of charges and that the report of the Forensic Science Laboratory, Thiruvananthapuram is awaited. Since the petitioner is in custody from 29.07.2021 onwards and there will be a direction to the Sessions Court-IV, Kollam to expedite the disposal of SC No.1507/2021. It is made clear that the petitioner is free to move an application for bail if the trial of the case is unduly delayed.
Accordingly, the bail application is disposed of.
Sd/-
VIJU ABRAHAM, JUDGE ded/19.07.2022