STATE OF KERALA Vs. OUSEPH

JUDGEMENT

(1.) This is the second time I am called upon to consider the propriety of an order passed by the Sub Magistrate, Perumbavoor, granting bail to accused charged under S.302 IPC. The matter having come before me in quick succession, I think it necessary to tell the Magistrate in clear terms about his jurisdiction to grant bail in murder cases.

(2.) The facts of the case are that on 27-5-1972 at 11.00 p. m. there was some incident in which one Lonappan aged about 22 met with his death. His body was seen floating in the water nearby. The FIR. was registered on 28-5-1972 at 12.15 p. m. No person was named in the FIR. as accused and at that time it was presumed to be a case of drowning. Post mortem examination revealed that the cause of death was asphyxia due to drowning. On 10th and 11th June, 1972 three persons were questioned by the police. From the materials thus available, the police arrested the first and 4th accused on 11-6-1972 at 7.00 p. m. and the 2nd accused on 12-6-1972.

(3.) On the strength of the statements of these three persons, the police moved the Magistrate for remand and the learned Magistrate ordered remand of the accused persons for 15 days till 26-6-1972. It was in the meantime that an application was made for bail which was granted on 19-6-1972.