KIRAN KRISHNA Vs. KERALA STATE

JUDGEMENT

(1.) This appeal is preferred by the 3 rd accused involved in Crime No.535/2019 of Karamana Police Station, Thiruvananthapuram against the order dated 24.6.2019 in Crl.M.P.No.1233/2019 of the Court of Sessions, Thiruvananthapuram declining to grant bail to him. Crl.M.P.No.1233/2019 was considered by Court of Sessions, Thiruvananthapuram alongwith applications seeking bail moved by several other accused and that court by a common order passed on 24.6.2019 granted bail to some of them and rejected the application seeking bail of others. The petitioner herein is aggrieved by the order dismissing his bail application and therefore approached this Court in the appeal for consideration of the application seeking bail in his favour.

(2.) The learned Public Prosecutor was directed to furnish the case diary for perusal of this Court. The case diary is made available. The learned Public Prosecutor advanced arguments on the basis of the case diary. It is contended by him that the petitioner herein, the 3rd accused in the crime has serious involvement in the offences alleged. According to him as per the case of the prosecution one Anandhu Gireesan was murdered brutally by the petitioner along with 13 other accused by inflicting fatal injuries with dangerous weapons on each parts of his body. The specific overt act of the petitioner herein was stated by the learned Public Prosecutor as involvement in kidnapping the petitioner herein to a place wherein Anandhu Gireesan was murdered by the accused together. Though the petitioner herein was allegedly present at the place of occurrence, no specific overt act was alleged against him apart from his involvement in kidnapping as alleged earlier.

(3.) The learned Public Prosecutor has also submitted that the investigation in the case is over and a final report is already laid before the court.