IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 971 of 2010 CRIME NO.855 OF 2009 OF CHENGANNUR POLICE STATION, ALAPPUZHA PETITIONER: ACCUSED NO.4: ------------------------------- SHANU RASHEED, AGED 21, S/O.RASHEED MUHAMMED KANNU RAWTHER, PALATHINKAL VEEDU, KADUNGALLOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.RAJEEV V.KURUP RESPONDENT: --------------- STATE OF KERALA THROUGH THE C.I.OF POLICE, CHENGANNUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. DIRECTOR GENERAL OF PROSECUTION SRI.V.G.GOVINDAN NAIR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19.2.2010, ALONGWITH B.A.NO.972 OF 2010, THE COURT ON 01/03/2010, PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.971 & 972 OF 2010 ------------------------------------------------------ Dated this the 1st day of March, 2010 O R D E R B.A.No.972 of 2010 is filed by accused No.3, Nithin @ Unni, and B.A.No.971 of 2010 is filed by accused No.4, Shanu Rasheed, in Crime No.855 of 2009 of Chengannur Police Station. These applications are filed under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the accused persons are under Sections 114, 120-B, 394, 449 and 302 read with Section 34 of the Indian Penal Code. 3. Accused Nos.3 and 4 were arrested on 11.12.2009. 4. The gist of the prosecution case is the following: Bhaskara Karnavar, Karnavar’s Villa, Cheriyanad village was found dead in his bed room in the morning on 8-11-2009. Nephew of Bhaskara Karnavar reported the matter to the police. Crime was originally registered under Section 174 of the Code of Criminal Procedure. Investigation revealed that Bhaskara Karnavar was murdered. B.A. NOS.971 & 972 OF 2010 :: 2 :: 5. Sherin, the first accused, who is the daughter in law of Bhaskara Karanvar, was not having a good relationship with him, since he had cancelled the will executed in favour of his son, Sherin and their child. She decided to do away with Bhasakara Karanvar. She sought the help of the 2nd accused Basith Ali for that purpose. Basith Ali had business dealings with Sherin. The other accused persons, namely, Nithin alias Unni and Shanu Rasheed were the friends of Basith Ali. The accused persons conspired together to murder Bhaskara Karnavar. During the late night of 7-11-2009, accused Nos. 2 to 4 came to house of Bhaskara Karnavar. Accused No.1 had made all arrangements for their entry into the house. The accused persons committed the murder of Bhaskara Karnavar, while he was sleeping. The valuable articles of Bhaskara Karnavar were also taken away by accused Nos. 2 to 4. 6. On the date of occurrence, Sherin, her husband and the maid servant were in the house. The husband of Sherin is a mentally challenged person. The driver employed by Bhaskara Karnavar was in the outhouse. The investigating officer found that chilly powder was sprinkled in the bed room, body of Bhaskara Karnavar and several other places in the house, in order to destroy evidence. B.A. NOS.971 & 972 OF 2010 :: 3 :: 7. After completing the investigation, charge sheet was filed on 8.2.2010. 8. The learned counsel appearing for the petitioners submitted that the investigation is now over and there is no reason why the petitioners should be detained further. 9. The learned Director General of Prosecution opposed the Bail Applications. He submitted that soon after the incident, accused Nos.2 to 4 made themselves scarce and they could be arrested only after one month. It is pointed out that accused Nos.2 to 4 had sold the stolen articles, inside the State of Kerala and also outside the State. All the accused persons are involved in the crime of gruesome murder of Bhaskara Karanvar. The petitioners are involved in criminal activities and if they are released on bail, it would be difficult to secure their presence for trial. It is also submitted by the learned Director General of Prosecution that if the petitioners are released on bail, they would intimidate and influence the witnesses and tamper with the evidence and the witnesses would be afraid to come before Court and depose the truth. B.A. NOS.971 & 972 OF 2010 :: 4 :: 10. Taking into account the facts and circumstances of the case, I do not think that the petitioners can be released on bail at this stage. If they are released on bail, it is likely that they would make themselves scarce. The petitioners were arrested after one month of the incident. They had gone to other States after the incident. The submission made by the learned Director General of Prosecution that the petitioners are likely to influence or intimidate the witnesses also cannot be ruled out . I think interests of justice would be served by issuing a direction to the Judicial Magistrate of the First Class I, Chengannur to expedite the committal proceedings in the case and the learned Sessions Judge to dispose of the case at the earliest. 11. Accordingly there will be direction that the Judicial Magistrate of the First Class I, Chengannur shall expedite the committal proceedings after completing all the formalities. The learned Sessions Judge, before whom the case comes up for trial, shall make every endeavour to schedule the Sessions Case for trial at the earliest. It is made clear that if any delay occurs in the matter of committal or in the matter of trial of the Sessions Case, the petitioners will be free to approach this Court for appropriate reliefs including a prayer to release them on bail. B.A. NOS.971 & 972 OF 2010 :: 5 :: The Bail Applications are dismissed with the aforesaid observations. (K.T.SANKARAN) Judge ahz/