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2021 Supreme(Online)(KER) 21030
HIGH COURT OF KERALA
SHIRCY V., J
ALEX GOPAN @ KICHU – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./2541/2021
SRI.VISHNU BHUVANENDRAN, SMT.B.ANUSREE, SMT.RESHMA UNNIKRISHNAN
The court established that bail can be denied based on the potential to influence witnesses and the seriousness of the charges.
Headnote:
Bail - Criminal Procedure - IPC Sections 449, 397, 302 - The court emphasized the gravity of the crime and the risk of influencing key witnesses, leading to the dismissal of bail.
Fact of the Case:
A 78-year-old woman was found dead in her home, initially thought to be a suicide but later confirmed as murder linked to attempted robbery. The petitioner was accused of committing both crimes.
Finding of the Court:
The court noted the clear evidence of the petitioner's involvement in the murder for robbery, referencing the testimonies and the investigation outcomes projecting his intent and opportunity to intimidate witnesses.
Issues: Whether the petitioner should be granted bail considering the severity of the crime, ongoing investigation, and potential risks to witness safety.
Ratio Decidendi: The court held that the serious nature of the charges, alongside the possibility of tampering with a key witness, justified the denial of bail.
Final Decision: The application for bail is dismissed.
ORDER
Dated this the 9th day of April 2021 Application for regular bail.
2. The mother of the defacto complainant, a lady aged 78 years was found dead at her residence at 14.20 Hrs on 08.01.2021. Initially, the crime was registered under Section 174 of the Code of Criminal Procedure . Thereafter, on investigation, it was found that she was murdered by someone who trespassed into her residential house to commit robbery. On investigation, it was revealed that this petitioner has committed house trespass in order to commit robbery and he had murdered the deceased by inflicting grievous injuries by hitting on her head repeatedly with his helmet. Thus, this petitioner has been booked by Thiruvallam Police, Thiruvananthapuram District for the offences punishable under Sections 449 , 397 and 302 of Indian Penal Code in Crime No. 24 of
2021.
3. Heard the learned counsel for the petitioner as well the learned Public Prosecutor and perused the CD file.
4. The learned counsel for the petitioner has submitted that he is a young boy aged only 20 years and he has been falsely implicated in the case by the investigating agency. In fact, he is a student currently pursuing his final year degree course in Botany at Christian College, Kattakada. He had absolutely no connection with the alleged incident and is totally innocent. But he is undergoing incarceration from 13.01.2021. Hence, this application.
5. The learned Public Prosecutor has refuted the claim of the petitioner contending that he has committed brutal murder of the aged lady who was staying alone. It is further submitted by the learned Public Prosecutor that this petitioner is none other than the grandson of the house maid of the deceased. He had committed house trespass fully knowing the fact that the deceased was staying all alone in her residential house and she used to wear gold ornaments and in order to commit theft of the gold ornaments, he trespassed into the residential house and assaulted her by beating on her head repeatedly with his helmet and committed theft of the gold ornaments and he pledged the gold ornaments in a finance company and collected money from them and thereafter utilized the same for his personal use. It is also pointed out by the learned Public Prosecutor that the investigating agency would require some more time to collect the entire materials required by the prosecution and hence opposed the application for his release on bail.
6. In the CD file there is clear revelation about the role of this petitioner in committing the brutal murder of the aged lady aged 78 years. After the death of her husband she was residing all alone though she was having four children. The children had engaged a house maid who used to attend her for her assistance during day time. The maid servant used to prepare food in the early hours and leave the house and then come back only in the evening to prepare tea for the old lady. That was the routine of the service rendered by the house maid. So, at the day time, the deceased was all alone in the house. Sometimes her son, who is a Government servant, used to come and stay with her at her residence. But the CD file would reveal that on the fateful the deceased was all alone in the house. As mentioned above, the petitioner is the grandson of the house maid. The CD file reveals that on the relevant day as usual the house maid left the house in the morning after preparing food and came back in the evening by about 16.45 Hrs. When the deceased was not seen in the house so as to open the door, she peeped through the window of the dining room and found the lady lying on the floor and then she entered into the house and sought help of this petitioner as well the neighbours. This petitioner also reached there. Though the son of the deceased sought his help to remove her to the hospital, she was not removed then and there and only after the arrival of the daughter of the deceased, she was removed to the hospital. The investigation had started
