The court ruled that the severity of allegations and the risk of influencing witnesses justified the refusal of bail to the accused despite claims of innocence.

ORDER

Petitioner seeks regular bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 .

2. Petitioner is the first accused in Crime No.1112 of 2024 of Kodakara Police Station registered alleging offences punishable under sections 333, 118(1) and 103(1) r/w section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. According to the prosecution, the accused had, in furtherance of their common intention, trespassed into the house of Sri.Sujith on 26.12.2024 and murdered him and thereby committed the offences alleged. Petitioner was arrested on 03.01.2025 and he has been in custody since then.

4. Sri.Gajendra Singh Rajpurohit, the learned counsel for the petitioner contended that the petitioner, though arrayed as the first accused, is totally innocent and that he has no involvement in the crime. According to the learned counsel, another crime was registered as Crime No.1113 of 2024, wherein the original first accused in Crime No.1112 of 2024 was murdered, is the accused in this crime and since two crimes have been committed, both for murder, the prosecution case becomes doubtful. According to the learned counsel, the prolonged incarceration of the petitioner from 03.01.2025 itself is a sufficient ground to release him on bail, especially since the trial with the accused in custody militates against the right to life and personal liberty of an individual. The learned counsel further submitted that petitioner is ready to co-operate with the investigation as well as the trial and therefore notwithstanding the earlier application having been dismissed, petitioner ought to be released on bail. It was also submitted that, going by the prosecution case, it is evident that petitioner would have at the most, acted in exercise of his right of private defence and hence his further custody is not necessary.

5. Sri. C.K. Suresh, the learned Public Prosecutor on the other hand submitted that the first accused in Crime No.1112 of 2024 was originally one Abishek, who was murdered, for which Crime No.1113 of 2024 was registered and due to his death, the said Abhisek was removed from the array of accused and the petitioner has been re-arrayed as the first accused. According to the learned Prosecutor, the incident occurred on 25^th December, 2020 when the deceased had assaulted the accused herein. In retaliation to the said incident, petitioner and other accused trespassed into the house of the deceased on 25th December 2024, and dragged the deceased and the petitioner stabbed him resulting in a fatal injury. The Prosecutor also submitted that petitioner is involved in eleven other crimes and is the leader of a criminal gang and releasing him would only result in commission of further crimes. According to the learned Prosecutor, if the petitioner is released on bail, none of the witnesses will come forward to give evidence and the trial will be seriously prejudiced.

6. I have considered the rival contentions.

7. On 29.05.2025, the earlier bail application filed by the petitioner as B.A. No.6818 of 2025 was dismissed by this Court. No change of circumstances have been brought to the notice of the court other than the continued detention till date.

8. Notwithstanding this being an application filed without any change of circumstances, still, considering the contentions urged, this Court deems it appropriate to consider the same. Petitioner has, as per the prosecution case itself, along with other accused, trespassed into the house of the deceased and attacked him in retaliation against an incident that occurred on 25^th December, 2020. The incident that led to the murder of the deceased in the present crime occurred on 25.12.2024. The investigation has revealed that the dates were