Circumstances Of Case Are Horrifying: Kerala HC Refuses Bail To Woman Accused In Human Sacrifice Case
The Kerala High Court has dismissed the bail plea of the woman accused in the Human Sacrifice Case.
The bench of Justice Bechu Kurian Thomas observed that the circumstances of the case are horrifying. It further added that the active involvement of the woman in the crime is asserted by the prosecution and the materials collected, prima facie reveal her involvement in the crime.
"The circumstances of the case, as mentioned earlier, are horrifying. 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.", the Court noted.
Thus the Court dismissed her bail plea.
Petitioner-Laila Bhagaval Singh is the third accused in the case where two women were allegedly murdered.
In this case, a complaint filed about a missing woman was being investigated by the police. Soon, it revealed a ghastly crime committed allegedly by three persons.
According to the prosecution, the first accused abducted the deceased, pursuant to a conspiracy with the second and third accused to commit human sacrifice.
The counsel appearing for the woman accused submitted that even if the entire prosecution story is admitted, the petitioner can only be regarded as a spectator to the alleged crime and that, as a woman, she ought to be given the benefit of the proviso to section 437 of the Cr.P.C.
Advocate Biju Antony Aloor appeared for the accused whereas T.A. Shaji, Director General of Prosecution, appeared for State.
The Court observed that the circumstances, prima facie, revealed that petitioner had actively participated in the alleged crime.
The Court further noted that the offences alleged against the petitioner and other accused apparently reveal a human sacrifice.
The Court observed that “If the petitioner is released on bail, there is every chance that she may influence the witnesses. If bail is granted, there is the stark reality of justice being thwarted. Thus the circumstances do not lean in favour of the grant of bail to the petitioner.”
The Court also noted that merely because the accused is a woman, 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 cannot be ignored.
“Having regard to the circumstances of the case and also taking note of the prima facie involvement of the petitioner in the crime, I am of the view that this is not a fit case where the petitioner can be released on bail.”, the Court held while dismissing the bail application.
Cause Title- Laila Bhagaval Singh v. State of Kerala & Anr.