A. Badharudeen, J
1. This is the third application for regular bail, filed under Section 439 of the Code of Criminal Procedure, by the petitioner, who is the sole accused in Crime No.366/2022 of Koppam Police Station, Palakkad.
2. In this case, the prosecution case is that, the deceased Arshad is a close relative of the accused. While the accused and Arshad had been residing together in a rented house near to Mannemkode, the petitioner herein wrongfully confined the above said Arshad for a long period. The specific allegation of the prosecution is that the accused used to torture Arshad for no reasons and on 04.11.2022, the accused repeatedly beat Arshad with a wooden stick and also with a dog belt. The accused beat Arshad with bare hands and also kicked on his chest. As a result of which, the said Arshad sustained severe injuries and thereafter succumbed to those injuries. The accused also caused disappearance of evidence in this crime, by washing off the blood stains from the clothes of Arshad and also removed the blood and dirt from the body of Arshad and himself. The petitioner was arrested on 05.11.2022 and has been in custody since then. Hence, the prosecution alleges commission of offences punishable under Sections 344, 201 and 302 of the Indian Penal Code.
3. In this matter, the earlier bail applications filed by the petitioner herein, were dismissed by this Court vide B.A.No.1301/2023, dated 8.3.2023 and B.A.No.5970/2023, dated 9.8.2023.
4. The relevant paragraphs of B.A.No.1301/2023, which was dismissed by this Court on 8.3.2023, are extracted hereunder:
“2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. I have perused the case diary materials produced by the learned Public Prosecutor.
4. The prosecution case is as under:
The deceased Arshad is a close relative of the accused. While the accused and Arshad had been residing together in a rented house near to Mannemkode, the petitioner herein wrongfully confined the above said Arshad for a long period.
The specific allegation of the prosecution is that the accused used to torture Arshad for no reasons and on 04.11.2022, the accused repeatedly beat Arshad with a wooden stick and also with a dog belt. The accused beat Arshad with bare hands and also kicked on his chest. As a result of which the said Arshad sustained severe injuries and thereafter succumbed to those injuries. The accused also caused disappearance of evidence in this crime, by washing off the blood stains from the clothes of Arshad and also removed the blood and dirt from the body of Arshad and himself. The petitioner was arrested on 05.11.2022 and has been in custody since then. Hence, the prosecution alleges commission of offences punishable under Sections 344, 201 and 302 of the Indian Penal Code.
5. The learned counsel for the petitioner, while pressing for regular bail to the petitioner, who has been in custody from 05.11.2022 highlighted that the petitioner is a first time offender and final report in this crime already filed. Therefore, there is no necessity to detain him in custody further and therefore, he is liable to be released on bail.
6. Whereas the learned Public Prosecutor would submit that, in this case, release of the petitioner on bail could not be considered for multiple reasons. It is submitted that one Arshad P.T., S/o.Abdul Salam, who is the son of the uncle of the accused, was staying along with the petitioner by doing works assigned to him. While so, the accused herein mentally and physically tortured him, without giving proper wages and without permitting him to go outside from his custody. Thereafter, he was brutally manhandled and the same led to 138 fatal injuries caused by the accused, with intention to commit murder of the above said Arshad. Thereafter, he brought him to P.K.Das Hospital on false version that Arshad fell down from the stairs and sustained injuries as a result of the fall.
7. Further, it is submitted that the crucial witnesses, in this case, CW7, CW11 and CW18, are the employees of the petitioner and if the petitioner will be released on bail, he would threat and influence the witnesses and if so, fair trial could not be secured. It is submitted further that CW6 is a friend of the accused. Therefore, likelihood of influencing and threatening him so as to restrain him from giving evidence in this matter is apprehended. He also submitted that the other witnesses in this crime are also relatives of the accused. Therefore, the trial of the petitioner shall be completed keeping him in custody, since he brutally murdered the defacto complainant, after subjecting him to 138 serious injuries and sufferings thereof.
8. On appraisal of the necessary materials in this case, it is vivid that, as per the post-mortem certificate, 138 serious injuries were noted and it was opined by the doctor that the above said Arshad died in consequence of the above said injuries and the pattern of injuries on the body was suggestive of non-accidental physical violence of varying duration. The following are the injuries noted in the post-mortem certificate:
1. Abrasion, 2.5x1cm, on left side of forehead, 5cm outer to midline and 2 cm above eye brow.
2. Abrasion, 1.5x1cm, on left side of forehead, 6cm outer to midline and just above the outer end of eye brow.
3. Contusion, 4x2.5x0.8 cm, on left side of forehead, partially overlying the outer end of eye brow and 5cm outer to midline.
4. Abrasion, 4.5x3cm, vertically placed, on left side of face, 1cm outer to the outer angle of left eye.
5. Contusion, 2.5x2x0.3 cm, on right cheek region, 1.5cm outer to the angle of mouth and 4cm below the right eye.
6. Contusion, 3x1.5x0.2cm, obliquely placed on right cheek region, 8cm outer to midline and 4cm below the outer end of eye brow.
7. Contusion, 7.5x5x0.8cm, on right cheek region, 7cm outer to midline and 6cm below the outer angle of right eye.
8. Abrasion, 1.5x1cm, overlying the right angle of madible.
9. Contusion, 2x0.8x0.3cm, incorporating a superficial lacerated wound (1x0.2x0.2cm), on inner aspect of right side of upper lip just outer to midline (corresponding to the tips of central and lateral incisor teeth on right side of upper jaw).
10. Contusion, 0.6x0.2x0.2cm, on inner aspect of left side of upper lip 1cm outer to midline (corresponding to the tip of central incisor tooth on left side of upper jaw).
11. Contusion, 0.6x0.4x0.2cm, on inner aspect of left side of upper lip 3cm outer to midline.
12. Lacerated wound, 2.8x0.8x1cm, on right side of lower lip, extending over the inner and outer aspect, 2cm outer to midline.
13. Irregular lacerated wound, 2x1x0.4cm, on inner aspect of left side of lower lip, 0.5 cm outer to midline (corresponding to the tips of central and lateral incisor teeth on left side of upper jaw).
14. Lacerated wound, 0.6x0.4x0.3cm, involving the attachment of frenulum of lower lip (recent wound-the wound showed evidence of healing).
15. The central incisor teeth on upper jaw (11 and 21) were in a partially broken state, which was recent. The central incisor tooth on left side of lower jaw also was in a partially broken state, which was old.
16. Contusion, 1.5x0.8x0.4cm, on inner aspect of right side of lower lip 2cm outer to midline involving the region of gingivo-labial fold (the contusion was dark red in colour).
17. Lacerated wound, 2x0.8x0.5cm, involving the inner aspect of right lower lip, 1cm inner to the right angle of mouth (recent wound-the wound showed evidence of healing).
18. Contusion, 0.8x0.5x0.4cm, on inner aspect of left lower lip, 2cm outer to midline at the region of gingivo-labial fold.
19. Contusion, 0.8x0.5x0.3cm, on inner aspect of left angle of mouth, 1cm inner to the margin.
20. Abrasion, 1x0.5cm, on front aspect of upper part of right ear lobe, 1cm below top end.
21. Abrasion, 1.5x0.8cm, on the edge of right ear lobe, 4.5cm above its lower attachment.
22. Abrasion, 0.8x0.5cm, on the back aspect of right ear lobe, 1.5cm behind its border and 4cm above its lower attachment.
23. Linear abrasion, 4.5cm long, almost vertical, on right side of face with its upper end 12cm outer to midline and 5cm below the level of tragus.
24. Contusion, 8x4.5x0.8cm, on left cheek region, just outer to the angle of mouth and 5cm below the outer end of eye brow.
25. Contusion, 3.5x2.5x0.8cm, overlying the tip of mastoid process on left side.
26. Multiple small abrasions over an area 3x1.5cm, on top of nose, vertically placed, with the upper most one just below the root of nose
27. Abraded contusion, 5.5x4x1cm, on tip of chin.
28. Contusion, 1.5x1x0.5cm, on right side of face, 5cm outer to midline and 3cm below right angle of mouth.
29. Abraded contusion, 2.3x1.5x0.5cm, on left side of face, 3cm outer to midline and 3.5 cm below the left angle of mouth.
30. Contusion, 4.5x4x0.5cm, on right side of back of head, 7cm above the top of right ear, overlying the parietal eminence.
31. Contusion, 6x4.5x1cm, on left side of back of head, 2cm behind the left ear.
32. Contusion, 6.5x5x1cm, on left side of back of head, 3cm above attachment of ear. The contusion was involving the whole thickness of left temporalis muscle. The skull bone was intact. Brain showed subarachnoid bleeding over the both hemispheres. There was features suggestive of brain edeme.
33. Pressure abrasion, 10x0.3 to 0.8cm, almost transversely placed, on front aspect of neck, across the midline with right upper extent 1.5cm below the lower jaw margin and 6cm outer to midline and the left lower extent 2cm below lower jaw margin and 5cm outer to midline.
34. Abrasion, 5.5x1cm, transversely placed, on front aspect of neck, across the midline with equally extending to either side and the upper border partially merging with the previous injury.
35. Contusion, 3.5x2.5x0.5cm, with overlying spotted abrasions on front of neck over the Adam's apple, 7cm above the jugular notch.
36. Contusion, 3.5x2.5x0.2cm, on front aspect of lower part of right side of neck, 3cm outer to midline and 4 cm above collar bone.
37. Contusion, 3.5x2x1.5cm, horizontally placed, on left side of front of neck, 6cm outer to midline and 6cm above collar bone.
38. Abrasion, 2x1 cm, vertically placed on left side of neck, 8cm outer midline and 4cm above collar bone. Flap dissection of neck was done under bloodless field. A contusion involving the subcutaneous tissue, 6.5x4.5x0.5cm, was seen on lower part of right side of front of neck, 7cm outer to midline and just above the collar bone. Another contusion, 5x3x0.5cm, was seen on right side of front of neck, 5cm outer to midline and 3cm below the lower jaw margin, along the front border of right sterno-cleido-mastoid muscle. Multiple infiltrations of blood were seen over the inner border of the middle part of right sternohyoid muscle at the level of Adam's apple (2x1x0.3cm), inner border of middle part of left sternohyoid muscle at the level of Adam's apple (3.5x1x0.3cm) and front aspect of right sternothyroid muscle at the level of Adam's apple (2.5x1.5x0.3cm). Contusion, 4.3x1x0.5cm, was seen along the lateral border of right side of tongue, 3cm behind its tip. Another contusion, 3x1x0.3cm, was seen along the lateral border of left side of tongue, 4cm behind its tip. Subcutaneous tissue underneath the pressure abrasion appeared normal. Other strap muscles, hyoid bone, thyroid cartilage and carotid vessels appeared normal and intact.
39. Multiple small abrasions varying in size from 4x0.3cm to 15x0.6cm, over an area 20x12cm, irregularly overlapping each other, on the back aspect of right shoulder, just below the top of shoulder and 9cm outer to midline.
40. Multiple, interrupted abraded contusions varying in size from 0.4x0.3x0.2 to 0.8x0.6x0.3cm, 0.3 to 0.4cm apart, in an obliquely curved manner with the convexity facing downwards and forwards, on the outer aspect of right arm, spreading over an area 4.5x1cm, 10cm below tip of shoulder (appears as a bite mark).
41. Multiple small abrasions over an area 6x1.5cm, in an interrupted manner, obliquely placed, on outer aspect of right arm, with its upper back end 11cm below top of shoulder. The back end of wound was seen merging with the back end of previous injury.
42. Contusion, 5.5x2x1.5cm, on outer aspect of right arm, 17cm below top of shoulder(contusion was bluish black in colour)
43. Abrasion, 1x0.5cm, on front of right arm, 18cm below top of shoulder(covered with brownish adherent scab.)
44. Multiple small abrasions over an area 8x5cm, on back aspect of right elbow.
45. Contusion, 4x3.5x0.8cm, on outer aspect of right elbow.
46. Contusion, 10x6x1cm, on back aspect of right forearm, 7cm below elbow (contusion was bluish black in colour).
47. Contusion, 2x1x0.3cm, on front of right forearm, 9cm below elbow.
48. Contusion, 1.5x1x0.3cm, on front of right forearm, 13cm below elbow.
49. Contusion, 3x2.5x0.5cm, on back aspect of root of right thumb.
50. Contusion, 3.5x2x0.5cm, on back aspect of right hand, 3cm below wrist.
51. Contusion, 1.5x1x0.3cm, on back aspect of root of right middle finger.
52. Contusion, 1.5x1x0.3cm, on back aspect of root of right ring finger.
53. Contusion, 4.5x3x0.7cm, on back aspect of root of right little finger and adjoining part of hand.
54. Abrasion, 1x0.7cm, on back aspect of root of right little finger (covered with back scab).
55. Contusion, 2x1.3x0.4cm, on front of middle knuckle of right thumb.
56. Contusion, 1x0.8x0.2cm, on inner aspect of proximal phalanx of right thumb.
57. Contusion, 1x0.8x0.3cm, on inner aspect of distal knuckle of right thumb.
58. Contusion, 0.8x0.5x0.3cm, on front of distal knuckle of right thumb.
59. Contusion, 7.5x4.5x1.2cm, on upper part of right side of hip overlying the prominence of hip bone.
60. Contusion, 14x4x1.5cm, obliquely placed, on front and outer aspect of right thigh with its lower inner end 21cm below the prominence of hip bone.
61. Multiple small abrasions varying in size from 1.5x0.5cm to 2.3x1.5cm, over an area 8x6.5cm, on front of right knee.
62. Contusion, 3x2.5x1cm, on the inner aspect of right knee.
63. Contusion, 4.5x3.2x1cm, on front of right leg, 5cm below knee.
64. Contusion, 3.5x2.5x0.8cm, on outer aspect of right leg, 6.5cm below knee.
65. Contusion, 10x5x0.8cm, over the front of right leg, overlying the shin, 14cm below knee (contusion was bluish black in colour).
66. Contusion, 13x6.5x1cm, on the outer aspect of right leg, 13cm below knee (contusion was bluish black in colour).
67. Contusion, 2.5x1.5x0.3cm, overlying the prominence on inner aspect of right ankle, partially on its back.
68. Contusion, 1x0.5x0.3cm, on the inner aspect of right foot, 4cm in front of the prominence of ankle.
69. Superficial lacerated wound, 0.5x0.3cm, on the back aspect of right ankle.
70. Multiple small abrasions over an area 8x6cm, overlying the lower outer quadrant of right buttock.
71. Abrasion, 4x2.3cm, on the top of left shoulder, 13cm outer to midline.
72. Contusion, 5x3x1.5cm, with an overlying abrasion (4x0.8cm), lying front to back, on the top of left shoulder and 7cm outer to the root of neck.
73. Abrasion, 3x0.6cm, obliquely placed, on top of left shoulder with its inner front end 10cm outer to root of neck.
74. Contusion, 3.5x2x0.5cm, overlying the tip of left shoulder.
75. Contusion, 11x3.5x2cm, obliquely placed on outer aspect of left shoulder, 2cm below the tip of shoulder.
76. Multiple small abrasions over an area 12x7cm, on the outer aspect of left arm, 8cm below the tip of shoulder.
77. Contusion, 9x5.5x2cm, on outer aspect of left arm, 10cm below tip of shoulder.
78. Contusion, 9.5x4x2.2cm, on outer aspect of left arm, 16cm below tip of shoulder.
79. Linear abrasion, 3.5cm, almost vertical on outer aspect of left arm, with its upper end 21cm below tip of shoulder.
80. Contusion, 9x3x2cm, on outer aspect of left arm, 3cm above elbow.
81. Multiple small abrasions over an area 6x3cm, on outer aspect of left elbow (covered with black, loosely adherent scab). Underneath there was a contusion, 6.5x4.4x0.5cm (contusion was bluish black in colour).
82. Multiple small abrasions varying in size from 0.5 to 4cm, over an area 15x5cm, on the outer aspect and back of left forearm, 3cm below elbow
83. Contusion, 6x4.5x1.2cm, on inner aspect of left forearm, 8cm above wrist.
84. Contusion, 7x6x1.2cm, on the back aspect of left hand, just below the wrist.
85. Contusion, 1.5x1x0.4cm, on the back aspect of root of left thumb.
86. Contusion, 9x2.5x0.6cm, on the whole of back aspect of left index finger.
87. Contusion, 1.5x1x0.3cm, on the back aspect of proximal phalanx of left middle finger.
88. Contusion, 5x1.5x0.5cm, on back aspect of proximal phalanx of left ring finger.
89. Contusion, 6x1.5x0.5cm, on the back aspect of whole left little finger.
90. Contusion, 1x0.8x0.5cm, on outer aspect of proximal phalanx of left thumb.
91. Contusion, 4.5x2.5x0.3cm, on the front of left thenar eminence.
92. Contusion, 1.5x1x0.5cm, on front of left hand, 3cm below wrist.
93. Contusion, 1.5x1x0.3cm, on front of left hand, 1cm above the root of ring finger.
94. Lacerated wound, 2x0.4x0.4cm, obliquely placed on front of left hand, just above the root of ring finger.
95. Contusion, 1x0.8x0.4cm, on front of proximal phalanx of left ring finger.
96. Contusion, 1.5x1x0.8cm, on front of left hand, just above the root of little finger.
97. Contusion, 2.5x1.5x0.5cm, on front of proximal two phalanges of left little finger.
98. Contusion, 4.5x4x1cm, on front of left thigh, 7cm below the prominence of hip bone (contusion was bluish black in colour).
99. Abrasion, 1x1cm, on front of left thigh, 9cm below the prominence of hip bone.
100. Contusion, 8x4.5x1cm, obliquely placed, an outer aspect of left thigh, 26cm below the prominence of hip bone (contusion was bluish black in colour).
101. Contusion, 8x7x1cm, on front of left thigh, 3cm above knee (contusion was bluish black in colour).
102. Contusion, 9x7x1.5cm, an outer aspect of left thigh, just above the knee.
103. Multiple small abrasions over an area 9x8cm, on front of left knee (covered with reddish brown, adherent scab).
104. Contusion, 6x4x1cm, an outer aspect of left leg, just below the knee.
105. Contusion, 7x4.5x1cm, on outer aspect of left leg, 14cm above ankle
106. Contusion, 8x5.5x1cm, on outer aspect of left leg, 6cm above ankle.
107. Healing abrasion, 2x1cm, over the outer prominence of left ankle.
108. Contusion, 3x2x0.5cm, on the outer prominence of left ankle.
109. Contusion, 3.5x1.5x0.5cm, on top of left foot, just behind the root of 3rd toe.
110. Contusion, 2.5x2x0.3cm, on the inner aspect of root of left big toe.
111. Contusion, 10x5x1.5cm, with an overlying abrasion (9x0.5 to 1.3cm) in a partially curved state with the convexity of the abrasion facing upwards and inwards on right side of front of chest with the lower inner end of abrasion 5cm below the jugular notch in midline. The abrasion was seen along the lower of the contusion.
112. Multiple skin-deep contusions varying in size from 1.5x1 to 2x 1.5cm, over an area 8x7cm on right side of front of chest, 7cm outer to midline and just below collar bone.
113. Abrasion, 1x0.8cm, on right side of front of chest, 1cm outer to midline and 10cm below collar bone.
114. Multiple small abrasions over an area 5x4cm, with an underlying contusion, 7x5x1cm, on right side of front of chest, 10cm outer to midline and 16cm below collar bone
115. Contusion, 2x1.5x1.8cm, on right side of front of chest, 15cm outer to midline and 17cm below collar bone (contusion was bluish black in colour).
116. Contusion, 2.5x1.5x1.8cm, on outer aspect of right side of chest, 16cm outer to midline and 30cm below collar bone (contusion was bluish black in colour).
117. Contusion, 8x6.5x1cm, with overlying abrasions (1x0.8 and 2.5x0.5cm) on left side of front of chest, 3cm outer to midline and 6cm below top of shoulder, partially overlying the collar bone.
118. Contusion, 1.5x1x0.6cm, on left side of front of chest, 4cm outer to midline and 12cm below collar bone.
119. Contusion, 10x8.5x1.8cm, on left side of front of chest, 7cm outer to midline and 3cm above the costal margin (contusion was bluish black in colour). There were multiple abrasions overlying the wound, varying in size from 0.4x0.5cm to 2.5x0.8cm, which were fresh.
120. Healed wound with an oval pattern represented by interrupted marks over an area 6x3.5cm, obliquely placed on outer aspect of left side of chest with its upper inner extent 15cm outer to midline and 4cm above costal margin. The pattern showed interrupted hyperpigmented spots at a distance varying from 0.5 to 1cm along the peripheral margin of the oval shaped wound.
121. Contusion, 5.5x4.5x2cm, on outer aspect of right side of abdomen, 14cm outer to midline and 6cm above the prominence of hip bone.
122. Multiple small abrasions over an area 2.5x2 cm, on right side of front of abdomen, 6cm outer to midline and just below the costal margin.
123. Multiple small abrasions over an area 10x4cm, on right side of front of abdomen, 4cm outer to midline and 5cm below costal margin.
124. Contusion, 17x9x2cm, obliquely placed, on right side of back of trunk with its upper outer end 18cm below top of shoulder and 6cm outer to midline.
125. Patterned abraded contusion, 13x2.5x1.5cm, obliquely placed on the right side of back of trunk with its upper inner end 4cm outer to midline and 10cm below top of shoulder.
126. Patterned abraded contusion, 13x2.2x1.2cm, obliquely placed on right side of back of trunk, with its lower inner end 29cm below top of shoulder and 3cm outer to midline.
127. Patterned abraded contusion, 7x1.5x1cm, obliquely placed, on right side of back of trunk with its upper inner end 3cm outer to midline and 30cm below top of shoulder.
128. Patterned contusion, 12x2.2x1cm, almost transversely placed on right side of back of trunk, with its inner end 2cm outer to midline and 30cm below top of shoulder.
129. Patterned abraded contusion, 12x2.1x1.3cm, obliquely placed, on right side of back of trunk with its lower inner end 5cm outer to midline and 35cm below top of shoulder.
130. Contusion, 14x4.5x1.8cm, obliquely placed, on left side of back of trunk with its upper outer end 7cm outer to midline at the top of shoulder.
131. Patterned abraded contusion contusion with prominent borders 9x2.3x1.2cm, obliquely placed on left side of back of trunk with its upper inner end 4cm outer to midline and 4cm below top of shoulder.
132.Patterned abraded contusion, 13x2.2x1cm, obliquely placed on left side of back of trunk with its lower inner end 2cm outer to midline and 16cm below top of shoulder. (the wound was in a healing state)
133.Patterned abraded contusion, 16x2.2x1.3cm, obliquely placed on the back of trunk across the midline, with its upper right end 9cm outer to midline and 16cm below top of shoulder.
134. Contusion, 18x10x2cm, obliquely placed on left side of back of trunk, with its upper inner end 21cm below top of shoulder and just outer to midline.
135. Patterned contusion, 15x2.2x1cm, obliquely placed, on left side of back of trunk with its upper inner end 5cm below top of shoulder at midline. [The contusions on the back of trunk were seen overlapping at places and also partially merging with each other and forming the shape of a triangular pattern at places on the back of trunk]
136. On dissection, there were fractures involving multiple ribs on the left side of chest wall, both on front and back aspect. The 6th rib on left side of chest wall showed a fresh fracture on its front aspect, 8cm outer to costochondral junction. The 8, 9 and 10th ribs on left side of chest wall showed fresh fractures on the back aspect, near its vertebral end. The lower lobe of left lung showed a contusion involving its lower half, on its back aspect. The paravertebral region on both sides of chest wall showed extensive infiltration of blood. The left chest cavity contained about 200ml of fluid blood. The back aspect of the chest wall showed extensive infiltration of blood which was more over the left side, involving varying thickness.
137. There was another fracture on 6th rib near to the fresh fracture site which showed callus formation. The 7, 8, 9 and 10th ribs on left side of chest wall also showed fractures which showed callus formation at multiple sites (suggestive of recent fractures of ribs at varying stages of healing).
138.On dissection, the mesentery showed multiple contusions, involving its whole thickness. There were contusions involving the back aspect of peritoneal wall on right side, adjacent part of right outer aspect of the peritoneal wall and lower part of right kidney.
9. On evaluating the matter, the apprehension expressed by the learned Public Prosecutor in the matter of threat and influence of the crucial witnesses could be foreseeable. The manner in which the crime was committed appears to be shocking, prima facie, since 138 ante-mortem injuries noted in the postmortem certificate. Therefore, I am of the view that the petitioner shall be kept in custody, till the trial is over and the petitioner is not liable to be released on bail. If so, the same would affect fair trial. Therefore, this petition deserves dismissal. Accordingly, the bail application stands dismissed.”
5. The second bail application, at the instance of the petitioner herein, viz., B.A.No.5970/2023, dated 9.8.2023, was also dismissed by this Court, holding that the learned counsel for the petitioner has not raised any change in circumstances to grant regular bail to the petitioner.
6. A report was called for from the learned Sessions Judge, by this Court, as per interim order, dated 21.11.2023, as to the present stage of S.C.No.202/2023, arose out of Crime No.366/2022 of Koppam Police Station and also the minimum time required for completion of trial. As per report, dated 23.11.2023, the learned Additional District and Sessions Judge, Ottapalam submitted that the matter can be disposed of within a period of four months, on getting the FSL report.
7. In this matter, the gravity of offences is of very serious nature and if the petitioner would be released on bail, he would repeat similar crimes. Since the learned Sessions Judge agreed to dispose of the case within a period of four months, there shall be a direction to the learned Sessions Judge, dealing with S.C.No.202/2023, arose out of Crime No.366/2022 of Koppam Police Station, to dispose of the same, within a period of four months from the date of receipt of the FSL report. The learned Sessions Judge is directed to address the Forensic Science Laboratory and ensure the report, at the earliest, within a period of one month, if FSL report not obtained so far.
Directing so, this bail application stands dismissed.
