Thread by @barandbench

KERALA HUMAN SACRIFICE CASE

Judicial first class magistrate VIII Ernakulam hearing the application for police custody of the 3 accused, Muhammed Shafi aka Rashid, Bhagawal Singh and Laila Bhagawal Singh

#keralahumansacrifice #keralanews
#HumanSacrifice #Kerala

Yesterday the Magistrate Court had remanded the three accused to 14 days judicial remand

#Kerala #HumanSacrifice #keralahumansacrifice #keralanews

All three accused are present in court

Advocate BA Aloor for the accused seeks time to file objection

Public prosecutor submits that offence is of murder u/s 302 of the IPC
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PP : the IO needs 12 days police custody to conduct a proper investigation.

PP : this is a well organised crime of a gruesome nature not seen before in Kerala

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#HumanSacrifice #Kerala

PP : first accused (Shafi) is a notorious criminal. There is suspicion that more such crimes have been committed

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#HumanSacrifice #Kerala

Magistrate has decided to call the matter again after some time

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Matter has been called again
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Adv Aloor : strongly object to the application filed by prosecution. After arrest, accused were in custody for 2 days, Shafi for 3 days.
Inv for 24 hours has been completed

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#HumanSacrifice #Kerala

Aloor : materials have been collected as per mahzar. Details of first and second incidents have been disclosed. But it is not admissible as IO didnnot attempt to record 164 statement before magistrate

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#HumanSacrifice #Kerala

Aloor : when the court granted judicial custody, did the prosecution reserve it's right to apply for police custody? If there is an order of judicial custody, they should move to appellate court as per Sanjay dutt v State of Maharashtra.

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#HumanSacrifice

Aloor : does this court have jurisdiction to order police custody at this stage?
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#HumanSacrifice #Kerala

Aloor : they have no case that the accused abducted the victims. They have a case that they incited or convinced them to accompany the accused

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#HumanSacrifice #Kerala

Aloor : this police has no jurisdiction to convert this offence to one under IPC

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#HumanSacrifice #Kerala

Aloor : what further investigation is required now with the accused? Without their custody also investigation can be carried out now since necessary materials have been collected

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#HumanSacrifice #Kerala

Aloor : request for police custody is not genuine in my opinion

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Aloor : according to me, it is not an investigation. Please peruse 106 of evidence act which says whatever info is revealed by accused should not be investigated

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#HumanSacrifice #Kerala

Aloor : now, 3 days custodial interrogation has happened. I have been threatened, threatened to confess also. This is another method of enticing me to become an approver.

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#HumanSacrifice #Kerala

Aloor : they are seeking 12 days custody to compel the accused to say that it is not just human sacrifice but also that the accused cannibalised the victims

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#HumanSacrifice #Kerala

Aloor : the IO has already said that they have concluded that the case is human sacrifice so now why do they need to investigate what it is ?

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#HumanSacrifice #Kerala

Aloor : the police says they want to know if more victims were there. Why should I be compelled ? They can investigate the complaints of missing women that they have

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#HumanSacrifice #Kerala

Aloor : why is my custody necessary at all? The Prosecution has put forth only flimsy arguments

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#HumanSacrifice #Kerala

Aloor : should the accused go with the police and point out people to the police and say question these specific people?

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#HumanSacrifice #Kerala

Aloor refers to Arnesh Kumar judgment

Aloor : admittedly offence alleged here has punishment more than 7 years. But neither my relatives nor any person was informed of my arrest

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#HumanSacrifice #Kerala

Aloor : the accused should have said they have no legal counsel and then only legal services authority should have been contacted by police. This process was not followed

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#HumanSacrifice #Kerala

Aloor going through powers of magistrate under section 167 CrPC

Magistrate: please sum up your arguments now. You said all this yesterday also

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#HumanSacrifice #Kerala

Aloor : confession statement and other material are discussed in media. General public may not know that confession given under 161 CrPC is not admissible as evidence

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#HumanSacrifice #Kerala

Aloor : Arnesh Kumar guidelines says that such actions by IO must be taken action on by court

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#HumanSacrifice #Kerala

Public prosecutor: the accused were presented before magistrate within 24 hours. The offence also includes abduction. Kadavanthra police has ample custody in this matter

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#HumanSacrifice #Kerala

Magistrate: he is saying that you want 13 days only to compel the accused to admit to cannibalism etc

PP : no my lord. Learned defense counsel is referring to Arnesh Kumar which is applicable to offences under 7 years punishment

PP : this first accused is a 6th standard pass. How did he use social media so well to arrange all this? He may have some assistance and we need to find out

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#HumanSacrifice #Kerala

Magistrate: were the directions in jolly case re covering accused's face while being taken out of court being followed

PP : yes my lord

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#HumanSacrifice #Kerala

#BREAKING
Three accused in KERALA HUMAN SACRIFICE CASE remanded to police custody for 12 days by Judicial first class magistrate VIII, Ernakulam

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#HumanSacrifice #Kerala

However, the magistrate directed the Prosecution to produce the accused before the court before 12 days if investigation gets completed by then

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#HumanSacrifice #Kerala