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HIGH COURT OF KERALA
N. NAGARESH, J
SALAHUDEEN KUNJU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.A 952 2023
Bail - Criminal Procedure - IPC Sections 449, 302, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 - The court denied bail based on the severity of the alleged crime involving multiple injuries and potential witness tampering.
Fact of the Case:
The appellant, a 2nd accused in a murder case, sought bail after the Special Judge denied it, citing the brutal nature of the crime where the victim sustained 49 injuries.
Finding of the Court:
The court emphasized the gravity of the crime and potential threats to witnesses, concluding that bail should not be granted at this stage, but instructed for an expedited trial.
Issues: Whether the circumstances warrant the granting of bail to the accused amidst serious charges and potential risks to the trial.
Ratio Decidendi: The court determined that the severity of the crime and the risk of influencing witnesses justified the denial of bail.
Final Decision: Bail denied; trial expedited.
JUDGMENT
Dated this the 20th day of September, 2023 The appellant is the 2nd accused in Session Case No.2287/2022 of the Court of the Special Judge, Special Court for Scheduled Caste/Scheduled Tribe (POA) Act Cases, Kottarakkara. The appellant is before this Court aggrieved by the common order dated 12.04.2023 in Crl.M.P No.54/2023 in S.C.No.2287/2022.
2. Crl.M.P No.54/2023 was filed for grant of regular bail. The accused in S.C.No.2287/2022 are alleged to have committed offences punishable under Sections 449 , 302 read with Section 34 of IPC and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The Special Judge after considering the materials available on record found that a young man was beaten to death in the early morning at 2.00 a.m in his residence in a brutal manner by the accused and his son.
3. The Post-mortem Certificate shows that the deceased has sustained 49 ante-mortum injuries. The Special Judge noted that the injuries would show that the accused had attacked the deceased with intention to commit murder. Considering the gravity of the offences alleged, the accused was denied bail as per order dated 12.04.2023. Aggrieved by the said order dated 12.04.2023 the 2nd accused has filed this Criminal Appeal.
4. Going through the proceedings in the case, it can be seen that the death / murder occurred in the early morning at 2.00 a.m on 17.09.2022 in the residence of the deceased, in a brutal manner. 49 ante-mortum injuries were noted on the dead body. The nature and gravity of the offence is serious. The possibility of the family of the deceased being put to danger and the witnesses being influenced cannot be ruled out.
Therefore, this Court is of the view that this is not a fit case to grant bail at this stage. However, taking into consideration the averments made in the Criminal Appeal, the Criminal Appeal is disposed of directing the Special Judge to expedite the trial of the case and conclude the proceedings as expeditiously as possible.
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