The petitioners herein are accused Nos.2 and 3 in Crime No. 491 of 2014 of Bedakam Police Station, Kasargode District for the offence punishable under Sections 302 of the Indian Penal Code. 2. The first accused is the daughter in law of the deceased lady and the second accused is the son of the deceased lady and the accused No.3 is the son of the accused 1 and 2. Petitioners herein are the accused Nos.2 and 3 respectively in the aforementioned crime.
3. The gist of the prosecution case is that the deceased Ammalu Amma, (mother of the first petitioner) was found dead at her house on 17.09.2014 at around 6.30 a.m. and the second petitioner (A3) informed the police about the incident and the police subsequently got the statement from the forensic expert that it is a murder and therefore, the petitioners who are the inmates are arrayed as accused. Initially, when the second petitioner (A3) gave statements to the police that the deceased Ammalu Amma (his grandmother) had committed suicide and thereupon proceedings under Section 174 Cr.P.C. was registered by the police authority. After obtaining the forensic expert's report, the provisions were altered and the offences under Section 302 IPC is included.
4. The version of the petitioners is that, when they found the body of Ammalu Amma hanging on a nylon rope, they cried loudly and the neighbours reached there, one neighbour namely Thamban cut the rope and laid down the body. The body was found in the kitchen where there are no doors. The petitioners were arrested on 19.09.2014 and are in custody since then. According to the petitioner, the police alleges that the first accused had committed the murder and petitioners (A2 &A3) have helped her to hang the body. The petitioners are innocent of all the allegations and that the police assaulted the second petitioner in front of the first accused and by seeing this, first accused who is the mother of the second petitioner took liability and the police is still torturing the petitioners asking them to be approvers etc.
5. Sri.I.V.Pramod, the learned counsel for the petitioners strongly urged that two petitioners herein are absolutely innocent of all the allegations and that this Court may release the petitioners on bail with any stringent conditions that may be imposed in the bonafide interests of the prosecution.
6. The learned Public Prosecutor would submit that the investigation is still going on. It is revealed in the investigation that the first accused had committed the murder and petitioners herein helped the first accused to the above said crime to make it appear as a suicide.
7. Having heard the submissions of the learned counsel for the petitioners and the learned Public Prosecutor, this Court is of the considered opinion that in view of the serious gravity of the offences, discretion to grant regular bail is not to be invoked in this case. Moreover the investigation is not yet completed. One of the prime criteria for the judicial evaluation of the factual aspects of the case for the exercise of discretion in the matter of bail is that the larger interest of the public and State should be kept in mind by the court considering the bail prayer. On an overall assessment of evaluation of the totality of facts, this Court is of the considered opinion that the plea of bail cannot be allowed in the facts and circumstances of this case.
The bail application stands accordingly dismissed.
AMV Sd/- ALEXANDER THOMAS, JUDGE /TRUE COPY/ P.A.TO JUDGE