MUNEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants in these appeals are the sixteen accused in Crime No.87/2018 of the Agaly Pollice Station. This is a case involving the brutal murder of a tribal youth. The said youth having some mental aberration was tied up at the forest, and was beaten to death mercilessly by a moral policing gang on the allegation of theft of some provisions like rice, sugar, etc, from some nearby shops. The prosecution would allege that in prosecution of the common object of the unlawful assembly formed by the accused to do away with the said youth, by name Madhu, they chased him, located him at a cave inside the forest, brutally assaulted him there, and brought to the public road at the Mukkali junction within the limits of the Agali Police Station, where also he was brutally attacked by the gang. On getting information, the Police team reached there, and he was taken to the hospital. Unfortunately, Madhu died on the way to the hospital. Without any delay, the Police started vigorous investigation and identified some persons who participated in the brutal assault. The crime was registered by the Police on the basis of the information collected from the scene of incident. Though the crime was initially registered under Section 174 Cr.P.C,, 1973 investigation later proceeded as a case of murder. After effective investigation, the Police has submitted final report before the Special Court for the trial of offences under the SC/ST Act, Mannarkad under Sections 143, 147, 148, 323, 324, 326, 294(b), 342, 352, 364, 367, 368 and 302 I.P.C read with 149 I.P.C and under Section 3(1)(d and (r and Section 3 (2 (v of the SC/ST (Prevention of Atrocities Act. Final report was submitted on 22.5.2018. These accused were arrested on 24.02.2018, and all of them have been in judicial custody since the date of arrest. During investigation, they approached the trial court for bail under section 439 Cr.P.C., 1973 The applications filed by the different accused were considered by the learned trial Judge, and by a common order, bail was denied to all the accused on the ground that granting bail at that stage would adversely affect the investigation. Challenging the said order, the accused have brought these appeals under section 14A of the SC/ST Act. This being a matter involving the offences under the SC/ST Act, the remedy is to file appeal under section 14A of the SC/ST Act against the order disallowing regular bail.

(2.) As required by the court, a report was submitted by the Deputy Superintendent of Police, who investigated the case, regarding the facts of the case, the materials collected as part of investigation, and also the grounds on which the State would oppose the request for bail. These appeals seeking bail are opposed by the State on the ground that if the accused are now released, it would cause serious law and order problems at the locality resulting in fights between tribals and others, and that the accused would also try to influence the witnesses.

(3.) Both sides were heard in detail, and the entire case records were perused by me for deciding whether the request for bail could be allowed.