BY- MADHAV GOYAL
Thalassery is a city on the Malabar sea coast of Kerala. The assembly elections of this city were held on April 6 2021 and the elections were won by A.N. Shamseer of the Communist Party of India. Some sought of post-poll violence was witnessed on April 6 2021 which resulted in the death of a person of Indian Union Muslim League and an injuring one other worker of the same party. The victims of this violence were two brothers- Muhasin and Mansoor. Muhsin died and the latter was injured badly.
And on 7 April 2021 FIR was registered in Chokli police station by Mr. Rafeeq, uncle of brothers, Muhasin and Mansoor. A case naming Shinos KK v. the State of Kerala has been filled in the high court of Kerala under sections 143, 147, 148, 341, 323, 324, 326, and 307, read under 149 of the Indian Penal Code and also under Sections 3 and 5 of the Explosive Substances Act based on statements given by Rafeeq. Mansoor later died as a result of his injuries, and a crime under Section 302 of the IPC was added. Offenses under Sections 25(1)(B)(b) and 27(1) of the Arms Act were also included throughout the inquiry.
A charge sheet was filed against 12 defendants, including the petitioners, after the inquiry. The second accused, Sangeeth, committed himself before his capture, while the seventh accused, Bijesh, was still at large. The petitioners’ counsel claimed that a charge sheet had already been laid on July 5, 2021, that the petitioners had been arrested between April 7, 2021, and May 7, 2021, that the 8th petitioner/ Vipin had surrendered on April 16, 2021, that all recoveries had been affected, and that their continued detention was not warranted.
After hearing from both parties, the court requested a report from Sessions Judge Thalassery on the overall number of sessions cases ongoing in that Sessions division, as well as the number of murder cases awaiting trial.
According to the Court, it is now evident that the final report was filed on July 5. Without a doubt, the charges leveled against the accused are serious. Still, until the final report is filed, it is not in the best interests of justice to keep the accused of the two brothers’ murder in prison unless there are compelling grounds to do so. The presumption of innocence is always the Court’s guiding principle. Only in exceptional circumstances may an accused person be held in jail forever.
“We’re also currently dealing with the Covid-19 epidemic.” The Supreme Court has issued several rules aimed at reducing jail overcrowding. Because it is the purpose of courts to reduce jail congestion, this Court is also compelled to consider granting bail to the petitioner.
“It has also been revealed that all of the material witnesses are members or sympathizers of the Indian Union Muslim League, the accused’s political opponent. In most cases, such witnesses are immune to any influence exercised by the accused of the two brothers’ murder in the event of their release on bail.
The Court granted bail to the accused on the following conditions:-
i)To the satisfaction of the jurisdictional court, the petitioners shall execute a bond for Rs 2,00,000 each, with two solvent sureties for the same amount.
ii) They must submit their passports to the trial court within ten days after being released on bail. If they do not have a passport, they must file an undertaking to that effect.
iii) They must not attempt to contact or sway witnesses, or tamper with evidence.
iv) During the bail time, the accused of the two brothers’ murder must not commit any crimes.
v) They are not permitted to enter Kannur Revenue District until all material witnesses have been examined, save to attend court;
vi) They must appear before the Investigating Officer/Trial Court as needed.
vii) In the aftermath of the Covid-19 epidemic, the petitioners must rigorously adhere to the numerous rules set by the state and federal governments about social distance.
viii) If the petitioners breach any of the foregoing criteria, the jurisdictional Court has the authority to terminate the bail in line with the law.