The court denied bail due to the severity of the crime and the applicant's prolonged absconding.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS )

seeking regular bail.

2. The applicant is the accused in Crime No.304/2012 of Sholayar Police Station, Palakkad District. The offences alleged are punishable under Section 302 read with Section 34 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that to wreck his previous enmity, the applicant on 30.10.2012 at 7 pm, brought one Ganesan (the deceased) into a vacant land near to Kodunganrappallam river in Dassannur in Kottathara. Thereafter, he incessantly stabbed on Ganesan, decapitated him, resulting in his instant death. It is further alleged that the applicant did the above gruesome murder with the aid of a juvenile in conflict with law.

4. I have heard Sri. Mohamed Shareef Pariyarath the learned counsel for the applicant and Sri. C.K. Suresh, the learned Special Public Prosecutor. Perused the case diary. 5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Special Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The crime is of the year 2012. The applicant was initially granted bail. Thereafter, he absconded from 21.3.2018 till 10.9.2025 on which date he surrendered before the trial court. He is in judicial custody since then. The applicant is a person who absconded for a continuous period of seven years. That apart, it was found that the tax receipt of the sureties produced while he was released on bail on earlier occasion was a forged one. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-