The Kerala High Court, on Wednesday, dismissed the petition seeking Bail moved by Greeshma’s mother Sindhu, who is one of the accused booked for the Murder of Sharon Raj, Justice Viju Abraham passed the order
Brief Description: Sindhu and others v. State of Kerala
Sindhu, Greeshma’s mother and an accused in the Sharon Raj murder case, had her bail application denied by the Kerala High Court on Wednesday. The judge who issued the mandate was Viju Abraham.
The petitioners were only detained on November 1, 2022, therefore the probe is in its infancy. Furthermore, the petitioners’ participation, if any, might be exposed only throughout the course of the inquiry, since they are the mother and uncle of the 1st accused. The experienced public prosecutor voiced concern that granting bail to the petitioners at this time would give them an opportunity to tamper with or destroy evidence, as well as exert undue influence on potential witnesses. I am not inclined to issue bail to the petitioners at this point due to the gravity of the accusation and the fact that the inquiry is still in its infancy.
According to the prosecution, the deceased was in love with the lead suspect, Greeshma, and in an effort to get rid of him, she had him consume an Ayurvedic medication laced with herbicide while he was receiving treatment at the Medical College Hospital in Thiruvananthapuram.
Greeshma’s mother was taken into custody on suspicion that she had helped cover up the crime and destroyed evidence. In addition to the two ladies, Sindhu’s brother Nirmmalakumaran Nair is also named in the criminal complaint.
Judgement and order
The bail application has been submitted by attorneys S. Mohammed Al Rafi and Thajuna Maria Francis.
In their bail application, Sindhu, 52, and Nirmalakumaran Nair, 62, claimed that the sole charge they face is that they tampered with evidence by hiding the container containing the deadly substance.
Since the 1st of November, the petitioners have been detained in police custody, and their attorney has argued that no offence can be brought against them under Section 302 of the Indian Penal Code because of the false accusations against them. The defence attorney argued that even if one accepts the prosecution’s version of events, the petitioners did not learn of the crime until after the decedent’s death. Counsel further argued that the petitioners had no idea that the 1st accused was romantically involved with the decedent until after her death.
The Public Defender aggressively opposed bail, arguing that the inquiry was still in its early stages.
The de facto complainant made court appearance via counsel and vigorously opposed the bail application, arguing that the petitioners had an active part in the conduct of the crime. Due to the preliminary nature of the inquiry, the Court has temporarily denied bail.
With this matter still in its preliminary stages, the Court has decided to throw it out for now.
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Judgement reviewed by Deepa Bajaj.