IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5168 of 2010()
1. SUBASH.M, AGED 31 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.ABRAHAM P.GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/09/2010
O R D E R
V. RAMKUMAR, J.
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B.A.NO. 5168 of 2010
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Dated, this the 8th day of September 2010
ORDER
Petitioner, who is the 1st accused in Crime
No.1126/2009 of Kothamangalam Police Station and
subsequently taken over by the Crime Branch CID,
Ernakulam as Crime No.201/CR/EKM/09 for offences
punishable under Sections 302, 392 and 201 read with 34
IPC, seeks his enlargement on bail. He was arrested on
30.3.2010. His earlier bail applications were dismissed by
this Court. The case is now pending trial before the
Sessions Court, Ernakulam as S.C.No.457/2010.
2. The case of the prosecution is as follows:-
The petitioner and another had enticed deceased Ajas
to their house on the promise of doubling his currency
notes. Ajas was missing from his house from 17.5.2010.
During the investigation it was revealed that Ajas had gone
to the house of the petitioner with Rs.5,00,000/- and the
petitioner and the other accused, in furtherance of their
B.A.NO. 5168 of 2010
2
common intention took the money from Ajas and had
attempted to kill him by administering poison. Ajas,
however, did not die and he was therefore chopped to death.
They made an attempt to set fire to his body by pouring
kerosene from the first floor of his house. But fearing that
neighbours would detect the offence, they took the body to
Idukki in a car after extinguishing fire. The body was taken
to Kothamangalam and buried there. Ajas was thus brutally
murdered after taking his money.
3. It is too early to accept the contentions of the
petitioner. The matter is now pending trial before the
Sessions Court. The petitioner is involved in two other
crimes and he had jumped bail in those cases. If at this
stage of the case the petitioner is released on bail, he will
definitely influence or intimidate the prosecution witnesses
and will also flee from justice. This bail application is
accordingly dismissed.
V. RAMKUMAR,
(JUDGE)
dmb