Abdul Barry vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for 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, registered for the offences punishable under Sections 302 of the Indian Penal Code, 1860.

The prosecution case is that, on 22.07.2022, the accused with the intention to commit the murder of his wife, suffocated her to death and thereby committed the offence as alleged.

Sri.Ajaya Kumar G., the learned counsel for the petitioner, submitted that the petitioner is innocent and that the deceased was suffering from acute asthma and depression and was also undergoing treatment. According to the learned counsel, petitioner had only attempted to save her life by giving artificial breathing after finding her in an unconscious and non-responsive state during the night and unfortunately when she died, petitioner has been arrayed as an accused. It was further submitted that even though this Court had rejected the earlier bail application on 23.09.2022, subsequently on 17.10.2022, the final report was filed and the case is now pending consideration in committal proceedings. According to the counsel, due to the change of circumstances mentioned above and considering the nature of allegations, the continued detention of the petitioner ought not to be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious and that if the petitioner is released on bail, there is every possibility of him influencing and intimidating the witnesses. It was further submitted that even though the final report was filed on 17.10.2022, petitioner ought not to be released on bail.

I have considered the rival contentions. Petitioner is alleged to have committed the murder of his wife on 22.07.2022 by smothering her. Petitioner was arrested on 29.07.2022 and has been in custody since then. It is true that this Court had rejected the bail application earlier, on 23.09.2022. However, taking into consideration the filing of the final report, I am of the view that, even though the allegations are very serious, the continued detention of the petitioner is not essential.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.