Abdul Barry vs State Of Kerala

Bechu Kurian Thomas, J.

This is an application seeking regular bail filed under section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.408 of 2022 of Pallithottam Police Station, Kollam District alleging offences under section 302 of the Indian Penal Code, 1860.

According to the prosecution, on 22.07.2022 between 3.30 am and 7.10 am, the accused with the intention to commit murder of his wife, suffocated her to death and thereby committed the offences alleged.

Sri.Ajaya Kumar G., learned counsel for the petitioner submitted that the entire allegations are false and that the incident as alleged had not occurred. It was further submitted that the petitioner had no role in the death of his wife. Learned counsel pointed out that the deceased was suffering from mental illness and therefore the death occurred not due to any external force, as alleged. It was also submitted that the petitioner having been arrested on 26.07.2022, continued detention of the petitioner is not necessary for the purpose of investigation.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the evidence adduced so far clearly point towards the guilt of the petitioner and therefore releasing him on bail at this juncture would cause prejudice to the investigation.

I have perused the case diary and have also gone through the statement of the Doctor as well as the postmortem report. Having regard to the nature of the injuries found on the body of the deceased and also considering the fact that investigation is still going on, I am of the view that this is not a fit case for grant of bail.

Accordingly, I dismiss this bail application.