MEJO JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the 5th application filed under Section 439 of the Cr.P.C. by the 5th accused in Crime No. 413 of 2018 of the Irinjalakuda Police Station. In the said crime, he is accused of having committed offence punishable under Sections 143, 147, 148, 323, 324, 326, 307, 450 and 302 r/w. Section 149 of the IPC.

(2.) The prosecution allegation is that accused Nos. 1 to 13 hatched a criminal conspiracy to murder certain Vineeth. On 27.05.2018 at about 11 p.m., the accused went to the house of the victim and when one Vijayan opened the door, accused Nos. 1 to 5 entered and inflicted multiple injuries with deadly weapons. When the mother and grandmother of Vineeth intervened, they were also inflicted with injuries. Though Vijayan was rushed to the hospital, his life could not be saved. He was arrested in connection with the said crime on 7.6.2018 and has been in custody since then. The investigation was completed and final report was laid before the jurisdictional Magistrate.

(3.) The learned counsel appearing for the applicant submitted that the applicant has been undergoing incarceration for about one and a half years. Referring to a recent judgment of the Hon'ble Apex Court in Dataram Singh v. State of Uttar Pradesh 2018 (3) SCC 22, it is submitted that though the grant or denial of bail is entirely the discretion of the Judge, in the facts and circumstances of each case, the exercise of judicial discretion has been circumscribed by the decisions of the Apex Court as well as this Court. The jurisdiction must be exercised judiciously, in a humane manner and compassionately without being carried away by the severity of the allegations, submits the learned counsel. He would also place heavy reliance on the decision of the Apex Court in State of Kerala v. Raneef (2011) 1 SCC 784 and it is argued that when under-trial prisoners are detained in jail custody for an indefinite period, Article 21 of the Constitution is violated. The long period of detention undergone by the applicant is highlighted by the learned counsel to persuade this Court to release him on stringent conditions.