The Kerala High Court on Wednesday allowed the appeal moved by four CPM leaders accused in the murder of Twenty20 worker, C.K. Deepu, thereby granting them bail and setting them at liberty. Justice Kauser Edappagath released the accused citing that their further detention seemed unnecessary considering that they had no criminal antecedents and since they had not used any weapon. "Considering...
The Kerala High Court on Wednesday allowed the appeal moved by four CPM leaders accused in the murder of Twenty20 worker, C.K. Deepu, thereby granting them bail and setting them at liberty.
Justice Kauser Edappagath released the accused citing that their further detention seemed unnecessary considering that they had no criminal antecedents and since they had not used any weapon.
"Considering the fact that no weapon was used and that there is no serious external injuries as such and also considering the fact that the investigation is over and the final report has been submitted, I am of the view that the further detention of the petitioners is not necessary. Moreover, none of the petitioners has any criminal antecedents."
Deepu, a member of Scheduled Caste, was brutally attacked reportedly by a group of CPM workers for participating in a protest organised by political party Twenty20 against the Kerala State Electricity Board (KSEB) for opposing its streetlight challenge to replace old street lamps with new ones. The assault resulted in fatal injuries and later on, he succumbed to the injuries at the hospital. The accused were soon arrested and charged for causing grievous hurt to the deceased with an intention to kill him.
The accused had challenged a Session Court's order dismissing their bail applications.
Appearing for the accused, Advocate P.K.Varghese submitted that there was a delay of three days in lodging the F.I.R and the cause of death shown by the deceased at the hospital was "due to fall". He further argued that the investigation was over and the final report has already been submitted and, as such, their further detention was not necessary
The deceased worker's father appearing through Advocate Blaze K. Jose argued that it was a case where a youngster aged 29 years was brutally attacked and killed due to political rivalry and considering the seriousness of the crime attributed against the petitioners, they cannot be released on bail even though the final report has been filed.
Public Prosecutor M.P Prasanth submitted a detailed statement of facts prepared by the investigating officer and added that since the final report had already been filed, the detention of the petitioners is not required for the purpose of investigation. However, he argued that the seriousness of the crime may be taken into consideration while considering the question of granting bail.
The Court noted that when the bail applications were dismissed by the trial court, the investigation was still underway whereas now the investigation was complete. The final report of the same had been submitted on 02.04.2022 at the Principal Sessions Court, Ernakulam.
Moreover, the Judge found that no weapons were used by the petitioners and that although the incident took place on 12.02.2022, the deceased was taken to the hospital two days later when he vomited blood. The F.I.R in the case was seen to be registered on 16.02.2022 and the accused have been in custody since then.
Therefore, the appeal was allowed the accused were released on bail on the following conditions:
(i) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioners shall not commit any offence of like nature while on bail.
(iii) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(iv) The petitioners shall not leave the State without the permission of the trial Court.
(v) The petitioners shall not enter into the jurisdiction of the police station where the 2nd respondent (father of the deceased) resides.
Notably, the father of a deceased worker has earlier approached the Court seeking to transfer the bail applications moved by the accused from the Ernakulam Principal Sessions Court alleging that the sessions judge appeared to be evidently biased. A Single Judge had thereupon allowed the plea and directed that the case be transferred to the Sessions Court in Thrissur.
Case Title: Sainudheen & Ors v. State of Kerala & Anr.