Accused in tribal youth’s murder get bail

The youth was beaten to death on the allegation of theft

The Kerala High Court on Wednesday granted bail to as many as 16 arrested and remanded in prison in connection with the alleged murder of Madhu, a tribal youth in Attappady.

Justice P. Ubaid while allowing the appeal filed against the refusal of bail by the Mannarkad Sessions Court, ordered that the accused be released on their executing a bond for ₹1 lakh each with two solvent sureties.

The bail conditions are that they should not enter the Mannarkad taluk without the permission of the trial court except for appearing in the trial court. The accused should not leave the State till the trial is over, unless otherwise permitted by the trial court.

The prosecution case was that in pursuance of the common objective of the unlawful assembly formed by the accused to do away with the tribal youth, they chased him, located him near a cave inside the forest and brutally assaulted him.

The prosecution charged them with beating to death the youth on the allegation of theft of some provisions such as rice and sugar from nearby shops. The accused have been in custody for more than 90 days.

Dismissing an argument of the prosecution that release of the accused would create law and order situation, the judge pointed out that no incident involving law and order problem had arisen in the locality so far after the incident and if at all anything happened, “our police can ably and effectively deal with it.”

Granting bail to the accused, the court observed that the prosecution had already obtained the statements of some witnesses under Section 164 of Criminal Procedure Code. If any witnesses resiled from the statement, that would be dealt with appropriately by the trial court. The investigation into the case was completed and the final report had already been filed. Therefore, the court did not find any definite reason or ground to deny bail.