IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 17^TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946 BAIL APPL. NO. 2637 OF 2025 CRIME NO.1041/2021 OF Balussery Police Station, Kozhikode AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl.

NO.10662 OF 2022 OF HIGH COURT OF KERALA PETITIONER/S:

THAJUDEEN AGED 35 YEARS S/O MUHAMMED KUTTY, KOYAPPA KOVILAKATH HOUSE, EDARIKKODE P.O, MALAPPURAM, PIN - 676501 BY ADVS.

KRISHNAPRIYA SREEKUMAR DEVIKA K.R.

RESPONDENT/S:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADVS.

PUBLIC PROSECUTOR ADDL.DIRECTOR GENERAL OF PROSECUTION OTHER PRESENT:

SR PP- C K SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J –-------------------------------------

B.A. No. 2637 of 2025 --------------------------------------

Dated this the 17^th day of March, 2025

O R D E R

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.

2. The petitioner is an accused in Crime No.

1041/2021 of the Balussery Police Station. The above case is registered against the petitioner alleging offences punishable under Secs. 302 r/w 34 IPC.

3. The prosecution case is that the petitioner along with other accused tortured his wife over suspicion of an extra marital affair and wrongfully confined her. It is alleged that he assaulted the victim and the victim succumbed to the injuries. Hence, the victim died because of multiple blunt force crush injuries following a physical torture and sexual assault over a period of time resulting in crush syndrome, acute kidney injury and internal haemorrhage.

4. Heard the learned counsel for the petitioner and the Public Prosecutor.

5. The counsel for the petitioner submitted that the petitioner is in custody for more than 3 years. The counsel submitted that the petitioner is in jail without trial and he is entitled bail, in the light of Article 21 of the Constitution of India. The counsel also submitted that there is no chance to conclude the trial in near future and indefinite incarceration is not necessary. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the allegation against the petitioner is serious. It is also submitted that the petitioner is involved in several other cases including POCSO Act case, Arms Act cases etc. The counsel for the petitioner submitted that 4 out of the cases are already acquitted.

6. This Court considered the contentions of the petitioner and the Public Prosecutor. The manner in which the accused committed the murder is henious. I do not want to make any further opinion about the same because it is a matter of evidence. This Court also perused the Post-Mortem certificate. The Public Prosecutor submitted a report of the Station House Officer, Balussery, in which it is stated that the petitioner is involved in many cases including POCSO Act cases at Kottakkal Police Station and other police stations. It is also stated in the report that the petitioner is a notorious gang leader and he always try to organise a gang of criminals for anti-social activities, narcotic trafficking and dealings of hawala money. It is also submitted by the investigating officer that the Station House Officer, Kottakkal submitted a report against the petitioner under Sec. 3 (1) Kerala Anti-social Activities (Prevention) Act. It is also submitted that the videos of the petitioner threatening his opponents with sword in a terrible manner are also available in social media. All the witnesses in the cases of this petitioner including this case are afraid of petitioner is the submission of the SHO, Balussery.

7. In the light of the above facts and circumstances, I am of the considered opinion that even though the petitioner is in custody for 3 years, he is not entitled bail. This Court directed the Registry to get a report from the trial court about the present