ORDER

This is an application seeking regular bail filed under Section

439 of the Code of Criminal Procedure, 1973.

2. Petitioner is the accused in Crime No.310/2022 of Karimannoor Police Station, Idukki District, now pending trial in SC No.403/2022 of the Sessions Court, Thodupuzha The offences alleged against the petitioner are under Sections 436 and 302 of the Indian Penal Code, 1860.

3. According to the prosecution, the accused committed murder of four persons including his son, daughter-in-law and two grand-children on 19.03.2022, by pouring petrol through the window, of their room while they were sleeping, and set the room on fire.

4. Sri.S.Rajeev, learned counsel appearing for the petitioner submitted that the prosecution allegations are false and that petitioner had no role in the alleged offence. It was further submitted that considering the age of the petitioner, which is stated to be 73 years and the period of detention already undergone, from 19.03.2022, it was contended that the continued detention ought not to be permitted. Learned Counsel also argued that the allegation that the petitioner murdered the members of his family are beyond imagination and that the deceased habitually traded in petrol, which could have been the reason for the presence of petrol bottles inside the room. It was also submitted that petitioner is willing to abide by any condition, that may be imposed on him and will also participate in the trial. 5. A statement has also been filed by the Investigating OfÏcer, pointing out the details of the case.

6. Sri.P.Narayanan, learned Public Prosecutor opposed the grant of bail and contended that the incident reveals a grievous crime of murdering once own family members including two young grand children of 17 years and 12 years. Learned Public Prosecutor also contended that petitioner deserves no leniency or sympathy, as he had locked the room from outside before throwing petrol through the window and even the defacto complainant, who attempted to save the deceased persons, was threatened by the accused with bottles of petrol. It was also pointed out that the murder was pre-meditation, since petitioner had removed the documents and money kept in the house, the day before and even drained the water from the water tank to avoid the deceased persons from pouring water to douse the fire.

If the petitioner is released on bail he will threaten the witnesses.

7. I have considered the rival contentions and have also perused the statement given by the defacto complainant as well as the other records produced. .

8. Petitioner is alleged to have murdered his son, his daughter in law and two grandchildren, after locking them inside the room, where they were sleeping on the night of 19.03.2022. Petitioner was arrested from the spot itself and the defacto complainant is alleged to have seen the petitioner standing in the house, throwing further bottles of petrol. The horrendous crime was allegedly committed after locking the deceased persons in the room and the accused is alleged to have even drained the entire water from the water tank so as to exclude any possibility of an escape. The accused is thus alleged to have committed a gruesome murder in which four of his immediate family members were charred to death. The allegations against the petitioner are serious, and considering the alleged pre-meditated manner in which the crime was committed, and also the statement of witnesses, I am of the view that petitioner deserves no leniency at present.

Accordingly, I dismiss this bail application.

BECHU KURIAN THOMAS JUDGE jm/

APPENDIX OF BAIL APPL. 7735/2022 PETITIONER ANNEXURES Annexure I AN ACCUSED COPY OF THE ORDER DATED 26.08.2022 IN CRL MC NO 743/2022 IN SC NO 403/2022