Kochi, Mar 19 The Kerala High Court on Thursday cancelled the bail of eight men accused of beating to death a Jharkhand native in December last year in Palakkad district of the state, saying that the relief was granted to them "thoughtlessly" and in a "mechanical manner" by the lower court.
Justice A Badharudeen said that it was "shocking" that the special judge granted bail to the accused without a notice and opportunity of hearing to the victim's brother as mandated under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2018.
"..it is shocking to note that the Special Judge, when dealing with a serious case of murder of a member of Scheduled Caste community by mob lynching, inattentively and thoughtlessly granted bail even without issuing notice to ensure mandatory hearing of the dependent of the victim in this case.
"This is a very serious lapse on the part of the Special Judge and the same should not have happened and the Special Judge shall be more vigilant hereinafter when dealing with cases of this nature," the High Court said.
It further said that in the present case, prima facie, the prosecution records show that it was a clear case of mob lynching mainly on the ground of discrimination based on his place of birth -- Jharkhand.
Ram Narayan Bhagel (40) was allegedly beaten to death by a group of men on December 17 last year after accusing him of theft.
The High Court said that according to the prosecution, investigation of the crime was in the initial stages and grant of bail would adversely affect the probe.
It said that the Special Judge granted bail by holding that their interrogation for the purpose of interrogation was not required and "in a mechanical manner" ignored that fact that the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that police custody can be given during the initial 60 days of detention of the accused.
"Thus, the Special Judge jumped into conclusion in a very mechanical manner, ignoring the statutory provisions..," the High Court said.
"The upshot of the above discussion is that the bail cancellation plea raised by the prosecution is sustainable on the facts of this case, even though the same is a harsh order.
"In such a view of the matter, this appeal is allowed, and the common order impugned is set aside. Accordingly, the bail granted to respondents 1 to 8 as per the common order impugned and the bail bonds executed by them stand cancelled," it said.
The High Court directed the eight accused to surrender before the jurisdictional court within three days from Thursday.
"... the jurisdictional court shall ensure their detention in judicial custody in accordance with law, without fail," it added.
The High Court said that on failing to surrender, the investigating officer is at liberty to arrest them and proceed in accordance with law.
"...after their surrender and detention, respondents 1 to 8 are at liberty to file fresh bail applications, and the Special Judge can adjudicate the same within the mandate of the SC/ST (POA) Act, 2018, and other statutory provisions after providing opportunity to the dependent of the victim, with notice of hearing, and pass orders purely on merits," it said.
