Citing a possibility of the influence of the witnesses, the Kerala High Court on Wednesday dismissed the bail plea of the third accused in the Kerala Human Sacrifice Case.
Single Bench of Justice Bechu Kurian Thomas has dismissed the bail plea of Laila Bhagaval Singh who is also the wife of another accused Bhagaval Singh.
While dismissing the plea, the Court observed that if bail is granted, there is the stark reality of justice being thwarted.
Court further observed, “the nature and gravity of the accusation are gruesome, apart from being shocking and the investigation is still continuing, and the final report has not yet been filed as of the date of hearing. Even though the petitioner has been under detention since October 11, 2022, Petitioner and other accused are also alleged to have committed another crime in an almost identical manner, and the said case is also under investigation. If the petitioner is released on bail, there is every chance that she may influence the witnesses. Thus the circumstances do not lean in favour of the grant of bail to the petitioner.”
“The active involvement of the petitioner in the crime and in another crime is asserted by the prosecution and the materials collected, prima facie reveal her involvement in the present crime. Merely because the accused is a woman, Court cannot ignore the other aspects like the nature and gravity of the offence, the possibility of influencing the witnesses, the likelihood of the offence being repeated and the danger of justice being thwarted. Though a beneficial provision as the first proviso, to section 437(1) CrPC is in existence, it does not mean that persons specified in the proviso should necessarily be released on bail,” the Court said further.
The three accused were arrested by the Kochi city police on October 11, last year, for murdering two women in a brutal manner in the name of human sacrifice in black magic rituals.
The incident took place on June 6 and September 26.
The accused persons are Muhammed Shafi, Bhagaval Singh and Laila Bhagaval Singh.