Jithoos v. State of Kerala; Naamdev v. State of Kerala (Bail Applications No. 1891/2021 & 2551/2021)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Ashok Menon
- Judgment Date
- 2021-03-24
- Court Decision / Holding
- Therefore, the bail applications are dismissed once again and the trial court is directed to expedite the disposal.
- Final Disposition
- Bail applications dismissed; trial court directed to expedite disposal.
Parties to the Case
Appellants / Petitioners
- Jithoos
- Naamdev
Respondents
- State of Kerala, represented by Public Prosecutor, High Court of Kerala, Ernakulam
Legal Representation & Advocates
Counsels for Petitioners
- • C. Y. Vinod Kumar
- • M. Kiranlal
- • R. Rajesh (Varkala)
- • Manu Ramachandran
- • T. S. Sarath
- • Sameer M. Nair
Counsels for Respondents
- • Public Prosecutor, High Court of Kerala
- • Addl. Director General of Prosecution
Case Synopsis & Summary
Common order in Bail Applications No. 1891/2021 and 2551/2021 arises from Crime No.859/2020 of Munambam Police Station, Ernakulam. The accused, Jithoos (aged 19) and Naamdev (aged 19) are before the High Court for regular bail after two prior denials. Both are charged with offences including murder (Section 302 IPC) with conspiracy under Sections 120B, 212, and 201 read with Section 34 IPC. The prosecution alleges that the first accused hatched a conspiracy with friends to kill the deceased after information sent via a Facebook message, misleading him into meeting at Pallathamkulangara Beach; the deceased suffered 39 ante-mortem injuries and died, with the body recovered later. Evidence includes CCTV footage, statements under Section 164 Cr.P.C. from the deceased’s girlfriend alleging a confession by some accused, and purported extrajudicial confessions. The applicants assert innocence, emphasize their youth, the 2nd accused’s disability (loss of right eye), and point out that investigation has concluded with a final report. The 3rd accused has no prior criminal antecedents. The court notes prior bail denials but finds no changed circumstances; relying on a Supreme Court doctrine, it holds there is no justification for bail and directs expeditious trial. The order underscores gravity of the offense and potential intimidation of witnesses if released.
Provisions of Law Cited
Legal Doctrines & Maxims
- Limited scope for filing a subsequent bail application after earlier denial, per Kalyan Chandra Sarkar v. Pappu Yadav (2005 KHC 604; AIR 2005 SC 921)
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants contend they are juveniles (around 19 years old) and maintain their innocence; the 2nd accused has a disability affecting vision in the right eye; they note that investigation has concluded with a final report. They highlight that their earlier bail applications were rejected, but argue there is no change in circumstances justifying continued detention and emphasize lack of criminal antecedents for the 3rd accused. They also point to the final report and records as already provided to them, seeking leniency on grounds of youth and non-violent past, and request court to allow bail pending trial.
Contentions of Respondents
The State opposes bail, stressing the seriousness of the offense—a murder with a planned conspiracy evidenced by CCTV footage, 164 Cr.P.C. statements, and alleged extrajudicial confessions. The prosecution asserts motive (jealousy over a relationship), presence of multiple witnesses, and the likelihood of intimidation if released. It argues that the gravity of the offense and the risk to the prosecution justify continued custody, and notes the prior denials of bail. It relies on the principle that subsequent bail applications require changed facts or law, citing established jurisprudence to deny bail at this stage.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Kalyan Chandra Sarkar v. Pappu Yadav | 2005 KHC 604: AIR 2005 SC 921 | Positive | Cited to support the rule that a second bail application after rejection is permissible only on changed facts or law; the court applies this doctrine to deny bail as no such change is shown. |
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