HAKEEM Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the third application for regular bail, filed under Sec. 439 of the Code of Criminal Procedure, by the petitioner, who is the sole accused in Crime No.366/2022 of Koppam Police Station, Palakkad.

(2.) In this case, the prosecution case is that, the deceased Arshad is a close relative of the accused. While the accused and Arshad had been residing together in a rented house near to Mannemkode, the petitioner herein wrongfully confined the above said Arshad for a long period. The specific allegation of the prosecution is that the accused used to torture Arshad for no reasons and on 4/11/2022, the accused repeatedly beat Arshad with a wooden stick and also with a dog belt. The accused beat Arshad with bare hands and also kicked on his chest. As a result of which, the said Arshad sustained severe injuries and thereafter succumbed to those injuries. The accused also caused disappearance of evidence in this crime, by washing off the blood stains from the clothes of Arshad and also removed the blood and dirt from the body of Arshad and himself. The petitioner was arrested on 5/11/2022 and has been in custody since then. Hence, the prosecution alleges commission of offences punishable under Ss. 344, 201 and 302 of the Indian Penal Code.

(3.) In this matter, the earlier bail applications filed by the petitioner herein, were dismissed by this Court vide B.A.No.1301/2023, dtd. 8/3/2023 and B.A.No.5970/2023, dtd. 9/8/2023.