LAWS(KER)-1988-10-53

SHAHUL HAMEED Vs. STATE OF KERALA

Decided On October 27, 1988
SHAHUL HAMEED Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is an application for anticipatory bail by the fifth accused in Crime No. 22/88 of Fort Cochin Police Station. The crime was registered in connection with the death of one Abu, an employee in a cinema theatre 'Cockers'. Prosecution case is that the proprietor of the theatre, who is said to be a film producer and a person of considerable wealth, with the aid of others, including hired killers, did away with Abu during the night of 24-4-1988. Some persons were arrested as suspects and were later released on bail.

(2.) Shri M. B. Kurup, Senior Advocate appearing for petitioner submits that, Police are on the look out for petitioner, solely with a view to disgrace and harass him, and that even in the report submitted by Police on 19-5-88 no mention was made of petitioner. It was further submitted that petitioner is in no manner involved in the incident leading to Crime No. 22/88, and that he is innocent. Counsel prayed that the case diary may be examined to ascertain, if petitioner is connected with the crime.

(3.) Public Prosecutor hotly contests the protestations of innocence made by petitioner, and submits that petitioner is the guiding spirit behind the murder of Abu. Public Prosecutor would further say that petitioner is a professional criminal, who has mercenary killers under him. It is also submitted that if petitioner is granted bail, he would use his influence by way of money and muscle to tamper with the evidence.