ABDHULRAHUMAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the Appellant/A-14 against the order of dismissal of the bail application in Crl. MP. No. 1455 of 2019 dated 01.10.2019.

(2.) This Court heard the learned counsel on either side and also perused the materials placed on record.

(3.) The brief facts of the prosecution of the case is hereunder: On complaint given by one Sustikumaran, Village Administrative Officer of Pommiyarpalayam village, that an unidentified burnt body of a women aged about 17 years was found within his jurisdiction, a case in Cr. No. 195/2019 was registered by the respondent police under Section 174 of Cr.P.C. Later during the investigation, it was found to be the body of one Lakshmi daughter of the second respondent on Ranjitha. Further, it came to light that the deceased Lakshmi had relationship with the accused Arun Kumar and Abdoulrahuman, the petitioner herein and she became pregnant and since he had insisted the said Arunkumar to marry her, the accused had taken her to a secluded place, committed rape on her and thereafter, murdered her and to screen the evidence had set fire to the body of the deceased, Lakshmi. During the course of the investigation the petitioner and the said Arunkumar were arrested and remanded to judicial custody. The case has been later altered to one under Sections 302, 201, 120 (B), 364, 376 (D) r/w 3(2)(v), 3(2)(va), of the SC/ST (POA) Act 2015. The petitioner was arrested and remanded to judicial custody on 03.05.2019. Since the charge sheet was not filed within 90 days of arrest, the petitioner had filed an application for bail under Section 167(2) of Cr.P.C. for grant of bail. Though charge sheet was not filed, the learned trial Judge finding that the medical reports are yet to be received and finding that if the petitioner is released on bail, he would abscond and tamper the witnesses and further taking into consideration the avernments made in the First Information Report and nature of the offence involved in this case had dismissed the petition for bail. Against which the present appeal has been filed.