RAHUL R. NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 439 of Criminal Procedure Code.

(2.) Petitioner is the 2nd accused in Crime No. 723 of 2019 of Poovar Police Station, Thiruvananthapuram District. The above case is charge sheeted against the petitioner and others alleging offences punishable under Secs. 120(B), 302, 201, 364 r/w sec. 34 of the IPC. The case is now pending as SC No.20/2020 before the Additional District and Sessions Judge-V, Thiruvananthapuram. This is the 3rd bail application filed by the petitioner.

(3.) The prosecution case is that all the accused entered into a criminal conspiracy on multiple days after the 1st accused came home for vacation leave on 29/5/2019 and gathered in the verandah of the new built house of the 1st accused near Thattamukku Junction, Vazhichal Village with the intention to abduct and to cause death of Rakhimol and also to cause disappearance of evidence with respect to commission of the offence. Accordingly on 21/6/2019 at about 7 pm, in furtherance of their common intention, they abducted the said Rakhimol in a car bearing registration No.TN 72-AH-4524 near Neyyattinkara bus stand with the intention to commit murder of the said Rakhimol and on the same day at about 8 pm, in furtherance of their common intention, they wrongfully restrained the said Rakhimol in the car and made criminal intimidation towards her by threatening with the intent to cause death and committed murder of Rakhimol while travelling in the car by sitting 1st accused on back seat of the said car just behind her and strangulating her neck with his right forearm and thereafter, the 1st accused strangulated her neck with seat belt of the car and intentionally caused death of Rakhimol. It is also the case of the prosecution that when they reached near to the newly constructed house of the 1st accused, the car was stopped and when she had created some sound, the 2nd accused, who was in the driver's seat had accelerated the engine of the car so as to sink her sound and thereafter, with the help of 3rd accused, the 1st and 2nd accused removed the body from the car and stripped her dresses and put the body into a pit and dropped crystals of salt over the dead body and buried her and planted a sapling there and thereby committed the offence of murder. It is further alleged that in furtherance of their common intention and with intention of causing disappearance of evidence, on 21/6/2019, the 2nd and 3rd accused went to their own houses after committing murder and after bath, changed their dress and the 1st accused had taken the car to the courtyard and washed the interior of the car and wrapped the dress of Rakhimol in a plastic cover and the 2nd accused had taken the shoes of Rakhimol and thrown it to the rubber estate. All the accused travelled in the said car and on the way when reached near Neyyar dam site, thrown away the bakery items brought by Rakhimol and when reached near Vettamukku, thrown away the dress worn by Rakhimol at the time of the incident and when they reached Thambanoor, the 1st accused entrusted them the bag, dress and mobile phone of Rakhimol and 2nd and 3rd accused get out of the car and 1st accused alone returned from there in the car and when reached near MS Fuels Bharath Petrol Pump, Anchuthenghumoodu thrown away small bag belonging to Rakhimol. The 2nd accused and 3rd accused had gone to Guruvayoor in a bus and placed the bag belonging to Rakhimol on the rack side of the bus and when reached the bus reached at Sree Krishnapuram, 2nd accused and 3rd accused get off the bus and thrown away the bag containing the dress belonging to Rakhimol in a gutter in front of Sree Krishnapuram School and destroyed the sim card and thereby committed the offences alleged.