VASUDEVAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for bail preferred on behalf of the first accused in P. E. 21/66 on the file of the Sub Magistrate of trivandrum. The accused stands charged with having committed the murder of one sivaji at about 2 in the night on 17-c-1966. Two other persons, also stand charged along with him, but the charge against them is only one under S. 201 I. P. C. They have already been enlarged. On 20101966 an application was moved on behalf of this petitioner before the sessions court, Trivandrum. The case stood posted at that time in the committing Magistrate's court to 29101966 for the examination of the eye witnesses. The learned sessions judge in dismissing the application had observed that after the witnesses were examined by the committing Magistrate, the accused could move again for bail before him. Accordingly, after the witnesses were examined and the case itself had been committed to the Sessions for trial, a further application was moved by him for bail, but by that time the case had been made over to the file of the 1st Addl. Sessions Judge at the station and the learned Addl. Sessions judge has dismissed the application.

(2.) FOR the purpose of this petition the following facts emerging from the materials available before me alone need recapitulation. They are as follows: The murdered was an young man well placed in life. He was married and was living with his wife and children. He had a girl friend by name vasumathy (it is alleged that he was her local guardian), who was an inmate of the "jaya lodge" a boarding and lodging for women, run by the accused. The accused was running also another lodge for men by the name "jayamohan lodge". Even though he was the proprietor of both these institutions, his wife was the matron of the Jaya Lodge and it was practically under her control. At about 2 in the night on 17-c-66 the deceased in a car made his way to the Jaya Lodge with the avowed object of taking away Vasumathy for the night. Since the lodge was closed and the watcher did not admit him in, he returned and on the way he met Pw-1, Thankappan Nair, a Soda hawker who led him to the house of the accused. He stopped his car in front of the accused's house, pushed open the gate and walked in. Pw-1 stood at the gate watching. Hearing the deceased's shouts "hullo"! "hullo"! and the sound of pushing open the gate, the accused woke up, switched on the light and came out. To him the deceased made the demand that Vasumathy should be allowed to go with him then and there. He told the accused that his child was seriously ill and he stood badly in need of Vasumathy's services at home. The accused said that it was not possible for Him to send the girl with an absolute stranger like him, especially at that part of the night. The deceased insisted in getting the girl and he told the accused further that it was his practice to take out the girl from the lodge as and when he desired and that fact would be vouchsafed by the accused's wife. At this stage the accused's wife came out and she also told the deceased that it was impossible to send the girl with him. Getting himself disappointed, the deceased turned back and saying in a determined tone that he would try other methods to get at the girl, moved towards the gate. The accused retaliated saying that people like the deceased were bent upon spoiling young girls and this rebuff, the deceased did not relish. He again turned back and at the nick of the moment the accused advanced towards him and dealt 3 or 4 blows on him with the hand. The deceased fell down on receipt of the blows and sprang up in the next moment. By the time, the accused went in, and came out with a knife. The deceased then moved towards the accused asking him why he was beaten like that and that no wrong was done by him. As he drew near the accused, the accused dealt a stab on -him which hit his chest and he fell down pressing the wound with his hand. Within a short time he died at the spot.