The Kerala High Court on Wednesday dismissed the bail plea of the woman accused in the human sacrifice case in which two other women were allegedly killed, saying that if she was granted there was 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 (accused)," Justice Bechu Kurian Thomas said and rejected the plea for bail moved by Laila Bhagawal Singh, one of the three accused in the case.
The court declined to also give her the benefit that a woman enjoys under the proviso to section 437 of the Criminal Procedure Code (CrPC).
The proviso to section 437 of CrPC states that while considering a bail plea of an accused, if they are sick, infirm or a woman, the court may grant them the relief even if there were reasonable grounds to believe they are guilty of an offence for which the punishment is death or life imprisonment, the High Court noted.
Justice Kurian said the benefit to be given to women under that provision was discretionary and "not mandatory" and merely because the accused was a woman, the court cannot ignore the nature and gravity of the offence, possibility of influencing witnesses and likelihood of the crime being repeated and justice being thwarted.
The court said that in the instant case, the manner in which the murders were committed was "horrifying", "gruesome" and "shocking".
"The offences alleged against the petitioner and other accused apparently reveal a human sacrifice. It is, no doubt, a horrendous crime. The nature and gravity of the accusation are gruesome, apart from being shocking...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 various circumstances of the case are overwhelmingly leaning against the petitioner, and the benefit of the proviso to section 437 CrPC cannot be exercised in her favour," the court said.
The court further said that in view of her prima facie involvement in the crime, it was of the view that she cannot be released on bail.
"Accordingly, I dismiss this bail application," Justice Kurian said.
The lawyer of the accused had claimed in court that the allegation of the prosecution against her were unbelievable, there was nothing to connect her with the crimes and she was at best only a spectator to the killings.