Kochi: The Kerala High Court on Wednesday granted bail to Attappady Madhu mob lynching case first accused-convict Husain. The court however rejected the bail plea of 12 out of the 13 persons convicted in the case. The court said their act left a blot on the conscience of society.
A bench of Justices P B Suresh Kumar and P G Ajithkumar said 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 convicts' 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.
"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," the high court said.
At the same time, the court suspended the sentence of Husainn in the case and granted him bail saying he was not a party to the assembly which had harassed and ridiculed the victim.
"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 bench said.
The court granted bail to the main accused-convict subject to the condition that he execute a bond of Rs one lakh with two 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 one 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.
The first accused, Hussain, was awarded seven years of rigorous imprisonment (RI) and a fine of Rs 1,05,000.
Madhu, a tribal man from Chindakki hamlet in Attappady, Palakkad, was killed after he was caught, tied, and thrashed by a group of local people alleging theft of food articles from a grocery shop on February 22, 2018. He was assaulted by the mob and later handed over to the police.
However, the tribal youth collapsed and died while on the way to the hospital. According to the post-mortem report, Madhu had injuries on the head and bruises all over the body, including broken ribs, as well as internal bleeding.
With PTI inputs
Published: 15 Nov 2023, 06:50 pm IST
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