Kerala High Court
Linto Lijo vs State Of Kerala on 3 July, 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 3RD DAY OF JULY 2026 / 12TH ASHADHA, 1948
CRL.A NO. 757 OF 2026
CRIME NO.505/2023 OF KODANAD POLICE STATION, ERNAKULAM
AGAINST THE ORDER DATED 04.04.2026 IN CRMP 1/2026 IN S.C. NO.99 OF
2024 OF SPECIAL COURT- OFFENCES UNDER SC/ST (POA) ACT,1989,
ERNAKULAM
APPELLANT/1ST ACCUSED:
LINTO LIJO
AGED 26 YEARS, SON OF LIJO,
MANAMKUZHI HOUSE, SOCIETY PALAM BHAGAM, KARARIYELI KARA,
KOMBANADU VILLAGE, ERNAKULAM, PIN - 683546
BY ADVS.
SRI.J.ABHILASH
SRI.V.GOPIKRISHNA
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
PP - SRI.JAYAKRISHNAN.U
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18.06.2026,
THE COURT ON 03.07.2026 DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 3rd day of July, 2026
This criminal appeal has been filed under Section 14A
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 as amended in 2018 [hereinafter
referred to as ‘SC/ST POA Act, 2018’ for short], challenging
order dated 04.04.2026 in Crl.M.P. No.01/2026 in S.C.
No.99/2024 on the files of the Special Court for the trial of
offences under the SC/ST (POA) Act, 1989, Ernakulam,
whereby the learned Special Judge dismissed the regular bail
plea at the instance of the appellant, who is the 1 st accused
in the above said case.
2. Heard the learned counsel for the appellant and
the learned Public Prosecutor, in detail. Though, notice
served upon the relative of the deceased victim, nobody
appeared. Perused the verdict under challenge and the
relevant materials available.
3. The prosecution allegation is that, in retaliation to
prior enmity between the accused and the victim, at about
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5.30 p.m. on 06.10.2024, the first accused along with the
second accused, who do not belong to either Scheduled
Caste or Scheduled Tribe community, in furtherance of their
common intention to commit murder of the deceased, who
belonged to the Schedule Caste community, reached the
house of the victim that situated in a place named Kallumala
at Aimury in a motor bike driven by the second accused and
the first accused brutally assaulted the victim with a chopper
causing multiple injuries on his body. The victim
subsequently succumbed to the injuries. On this premise, the
prosecution alleges commission of offences punishable
under Sections 120B, 302 read with 34 of the Indian Penal
Code, Section 27 of the Arms Act and Section 3(2)(va) of the
SC/ST POA Act, 2018, by the accused.
4. While pressing for interference in the order
impugned, the learned counsel appearing for the 1 st
accused/appellant herein would submit that, the 1 st accused
is innocent of the allegations and he has been in custody
from 07.10.2023 and there is no likelihood of commencing of
trial in the near future. It is also submitted that, the earlier
bail application filed before the Special Court was dismissed
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and Crl.A. No.329/2025 filed challenging the said order was
withdrawn with liberty to approach the Special Court again
and the impugned order emerged when the second bail
application was considered and dismissed by the learned
Special Judge. According to the learned counsel for the 1 st
accused/appellant herein, even though the 1 st accused is
having criminal antecedents, in many of the cases he has
been acquitted and only few cases are now pending.
Therefore, he pressed for grant of regular bail to the 1 st
accused/appellant.
5. Whereas, grant of regular bail to the appellant is
strongly opposed by the learned Public Prosecutor and a
report of the Investigating Officer has been placed. In
paragraph Nos.6 to 20 of the report it has been stated as
under:
6). It is respectfully submitted that the
postmortem examination on the body of the deceased
was conducted at Government Medical College,
Ernakulam, on 07.10.2023. The Senior Resident
Medical Officer who conducted the postmortem
examination on the body of the deceased and provided
the postmortem examination Report No. 886/2023,
dated 07.10.2023. In the PM Examination report, there
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5are 12 numbers of Antemortem Injuries and the
opinion as to cause of death is “Death was due to
Incised Wound sustained to right upper limb and left
lower limb (Injury no. 1 to 3, no. 10 and no. 11)”. The
right hand of the deceased was amputated from the
body by the appellant/first accused using the
dangerous weapon, sword.
7). It is respectfully submitted that the
appellant/first accused was arrested on 30.01.2024 as
per detention order No.DCEKM/12974/2023-M7; Dated.
19.01.2024 issued by the District Collector and District
Magistrate, Ernakulam, under section 3(1) r/w 13(2)(i)
of the Kerala Anti-Social Activities (Prevention) Act,
2007, for 1 year detention with effect from the date of
detention, and he was detained at Central Prison,
Viyyur. The Government has approved the order of
detention by Order No. Home-SSA4/42/2024-Home;
Dated 12.02.2024; and confirmed the order of
detention by order G.O. (Rt) No.1027/2024/HOME;
Dated 04.04.2024.
8). It is respectfully submitted that the Writ
Petition (Crl.) No. 559 of 2024 was filed before the
Hon’ble High Court of Kerala challenging the above
detention order, and the Hon’ble Court dismissed the
petition by judgment dated 21.06.2024.
9). It is respectfully submitted that preventive
action under section 15(1) of the Kerala Anti-Social
Activities (Prevention) Act had been taken against the
appellant/accused by order No. KAAPA-13216/2020/ER,
dated 21.12.2020, of the Deputy Inspector General of
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Police, Ernakulam Range, which ordered him not to
enter into Ernakulam District for one year.
10). It is respectfully submitted that the
appellant/accused violated the above restriction order
and for that, a case in Crime 43/2021 under section
15(4) r/w 19 of the Kerala Anti-Social Activities
(Prevention) Act was registered at Kodanadu Police
Station on 28.01.2021, and a case in Crime 1367/2021
under section 15(4) r/w 19 of the Kerala Anti-Social
Activities (Prevention) Act was registered at
Kunnathunadu Police Station on 24.09.2021.
11). It is respectfully submitted that the
appellant/accused further involved in Crime 1368/2021
under section 22(a) of the NDPS Act registered at
Kunnathunadu Police Station on 24.09.2021, Crime
248/2022 under section 294(b), 506 of the Indian
Penal Code registered at Kodanadu Police Station on
22.04.2022, and Crime 592/2022 under section 341,
323, 294(b), 506 (i), 34 of the Indian Penal Code
registered at Kuruppampady Police Station on
29.06.2022.
12). It is respectfully submitted that preventive
action under section 3(1) of the Kerala Anti-Social
Activities (Prevention) Act had taken against the
appellant/accused by detention order No.
DCEKM/7606/2022-M7, dated 05.09.2022 of the
District Magistrate Ernakulam and he was detained
and kept at Central Prison, Viyyur from 01.12.2022 to
31.05.2023.
13). It is respectfully submitted that the
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appellant/accused committed heinous crimes,
including murder, after being released on bail and
after serving detention under the Kerala Anti-Social
Activities (Prevention) Act, 2007.
14). It is respectfully submitted that the
appellant/accused has been involved in the following
crimes pending before the various courts.
i. Muvattupuzha Police Station Crime No.
2801/2018 U/s 143, 148, 120B r/w 149 of the Indian
Penal Code and Section 27 of the Arms Act reported on
04.10.2018. (The case is pending trial before the
Judicial First-Class Magistrate Court, Muvattupuzha as
CC 140/2021) This case is posted to 15.06.2026.
ii. Kuruppampady Police Station Crime No.
1465/2018 U/s 341,323, 324, 427, 506(i), 34 of the
Indian Penal Code reported on 27.12.2018. (The case
is pending trial before the JFCM Court-III, Perumbavoor
as CC 39/2019). This case is posted to 08.07.2026.
iii. Kunnathunadu Police Station Crime
1367/2021 U/s 15(4) r/w 19 of Kerala Anti-Social
Activities (Prevention) Act reported on 24.09.2021.
(The case is pending trial before the JFCM Court-I,
Kolenchery as CC 321/2021) This case is posted to
17.06.2026.
iv. Kunnathunadu Police Station Crime 1368/2021
U/s 22(a) of the NDPS Act reported on 24.09.2021.
(The case is pending trial before the JFCM Court-I,
Kolenchery as CC 322/2021) This case is posted to
17.06.2026.
v. Kodanadu Police Station Crime 248/2022 U/s
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294(b), 506(i) of the Indian Penal Code and Section
120(o) of the Kerala Police Act reported on 22.04.2022.
(The case is pending trial before the JFCM Court-III,
Perumbavoor as CC 461/2022). This case is posted to
09.07.2026.
vi. Kuruppampady Police Station Crime 592/2022
U/s 341, 323, 342, 94(b), 506(i) of the Indian Penal
Code reported on 22.04.2022. (The case is pending
trial before the JFCM Court-III, Perumbavoor as CC
225/2022) This case is posted to 22.06.2026.
vii. Thrissur East Police Station Crime 1993/2023
U/s 395, 414, 212, 120(B) of the Indian Penal Code
reported on 09.09.2023. (The case is pending as CP
72/2024 before the JFCM-1, Thrissur).
viii. Kodanadu Police Station Crime 505/2023
under sections 120B, 302 and 34 of the Indian Penal
Code and Section 27 of the Arms Act, and Sec.3(2)(v)
of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Act 2015
reported on 06.10.2023. (The case is pending trial
before the District and Sessions Court, Ernakulam, as
SC 99/2024). This case is posted to 11.08.2026.
15). It is respectfully submitted that the
appellant/accused was involved in the following
criminal cases, and subsequently he was acquitted in
the case.
i. Kuruppampady Police Station Crime 1988/2016
U/s 143, 147, 148, 324, 326, 308, г/w 149 of the Indian
Penal Code (The Hon’ble High Court by order dated
13.06.2018 in Crl. M.C No. 3436/2018, quashed the
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proceedings).
ii. Perumbavoor Police Station Crime No.
4180/2017 U/s 120B, 323, 395, 379, 506(i) of the
Indian Penal Code and Section 27 of the Arms Act
iii. Kodanadu Police Station Crime No. 748/2018
U/s 376(1), 376(2), 376(j), 376(n) of the Indian Penal
Code.
iv. Kuruppampady Police Station Crime 178/2019
U/s 341, 307, 34 of the Indian Penal Code.
v. Kodanadu Police Station Crime 43/2021 U/s
15(4) r/w 19 of Kerala Anti-Social Activities
(Prevention) Act reported on 28.01.2021.
16). It is humbly submitted that the Hon’ble
Special Judge for the Trial of Offences under SC/ST
(POA) Act, Ernakulam dismissed the bail application
filed by the appellant/accused as Crl.M.C No. 01 of
2026 by order dated 04.04.2026. The Hon’ble Court
has observed that;
“Considering the totality of the circumstances,
including the gravity of the offence, the prima facie
materials available on record, the criminal antecedents
of the petitioner, and the likelihood of tampering with
evidence and influencing witnesses, this Court is of the
view that the petitioner is not entitled to be released
on bail.”
17). It is respectfully submitted that the place
where in the murder in this case occurred is a village.
The gruesome murder of the victim made the villagers
panic. The majority of the residents shifted their
residence temporarily from that place. The police
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intervened to bring those persons back to their
residential place. They have conducted special camps
to secure this. The people are coming back to
normalcy. If bail is granted to the appellant/accused,
that will affect public tranquillity over that locality, and
the efforts made by the police will become futile.
18) It is respectfully submitted that there is
cogent evidence against the appellant/accused in this
case. The appellant committed the murder brutally in
retaliation for his vengeance against the victim. The
deceased had given a dying declaration regarding the
overt act of the appellant/accused and his name.
19) It is respectfully submitted that, the wife and
son of the deceased person in this case, are presently
residing within the jurisdiction of Kottappady Police
Station. They are apprehensive that, if the accused is
granted bail, he may cause harm to the son as well.
Therefore, they are still afraid to return to their own
home.
20. It is respectfully submitted that the
appellant/accused is a habitual offender, a KAA(P)
detenu, a gang leader, and a drug addict who
repeatedly engages in criminal activities along with his
associates. The witnesses and residents of the crime
scene locality live in constant fear of the
appellant/accused since the appellant/accused belongs
to the same locality. There is every chance that the
appellant/accused may influence or intimidate or harm
the witnesses and destroy evidence, and he may
abscond, if he is released on bail. In the above-stated
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reasons and circumstances, it is most humbly prayed
that this Criminal Appeal No. 329 of 2025 filed by the
appellant/accused may kindly be dismissed in the
interest of justice.
6. The learned Public Prosecutor would submit that,
the 1st accused/appellant herein has involvement in 13
serious crimes, out of which he was acquitted in five cases
and eight cases are still pending against him. Therefore, his
release would be fatal to the prosecution, as he is likely to
repeat commission of serious offences. Therefore, the 1st
accused/appellant could not be released on regular bail.
7. In the instant case, reading the prosecution
records, offences alleged against the 1st accused for murder
i.e. under Section 302 of IPC as well as 120B read with 34 of
IPC, Section 27 of the Arms Act and under Section 3(2)(va) of
the SC/ST (POA) Act, 2018, are made out.
8. It is relevant to note that, the 1st accused/appellant
has involvement in 13 crimes. Though, he had been acquitted
in 5 cases, still 8 cases are pending against him. This would
indicate that the 1st accused/appellant is a habitual offender
and the report of the Investigating Officer would show that,
he was a a KAAPA detenu, a gang leader and a drug addict,
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who repeatedly engages in criminal activities along with his
associates. Therefore, the witnesses and residents of the
crime scene have been living in constant fear of the
appellant/1st accused and if he would be released on bail,
there is likelihood of influencing, threatening and intimidating
the witnesses and also manhandling and assaulting the
witnesses by him, with a view to prevent adducing evidence
against him. That apart, there is also likelihood of
abscondence by the 1st accused/appellant. Therefore, this is a
fit case where the trial is to be completed keeping the 1 st
accused/appellant in custody.
9. In view of the matter, the learned Special Judge is
right in finding that the 1st accused/appellant could not be
released on regular bail. In the result, this appeal stands
dismissed, confirming the order of the Special Court.
The Registry is directed to forward a copy of this
judgment to the Special Court, forthwith, for information and
further steps.
Sd/-
A. BADHARUDEEN
JUDGE
SK
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