The Kerala High Court has recently rejected the bail plea of 12 out of the 13 persons convicted and sentenced to 7 years in jail for beating a tribal man to death for allegedly stealing food in 2018 in Palakkad district of the state. The court said their act left a blot on the conscience of society.
A bench of Justices PB Suresh Kumar and PG Ajithkumar stated the convicts’ act of parading the victim naked in public for a considerable time with his hands tied from behind “certainly makes the case exceptional.”
“The nature of such an act left a blot on the social conscience and the cultural fabric of the society, which is considered to be a civilised one.” The high court noted that the convict’s incessant attacks on the victim, Madhu, led to his death.It also noted that the victim’s mother was also threatened at the instance of some of them.
The high court stated, “Considering those facts and circumstances the concern of the 2nd respondent (victim’s mother) about her safety and security in the event of releasing the petitioners (convicts) on bail has reason.”
At the same time, the court suspended the sentence of the main accused in the case and granted him bail stating that he was not a party to the assembly which had harassed and ridiculed the victim.
The bench stated, “Accordingly, we take the view that the 1st accused is entitled to get an order of suspension of sentence, whereas the other petitioners (other convicts) are not.”
The court granted bail to the main accused-convict subject to the condition that he execute a bond of Rs 1 lakh with 2 sureties of the like amount.The other bail conditions imposed on him state that he must deposit the entire fine amount within a period of a month, not enter the limits of Palakkad district till his appeal against his conviction and sentence is disposed of, and not go abroad without the permission of the trial court. The high court also directed the main accused-convict not to get involved in any offence while out on bail.
