Appukuttan 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 accused in Crime No.387/2022 of Cherthala Police Station, alleging offences punishable under Section 302 r/w Section 498A of the Indian Penal Code 1860.

According to the prosecution, the accused murdered his wife, on 26.05.2022. Initially the crime was registered for the offence under Section 174 of the Code of Criminal Procedure, 1973. However, later, during the course of investigation, when it was revealed from the post mortem report, that the deceased died due to the combined effect of throttling and head injury, the offence was modified to Section 302 r/w Section 498A of IPC and the accused had committed the offences alleged.

Sri.C.S.Manilal, the learned counsel for the petitioner contended that the prosecution allegations are false and that the petitioner is totally innocent of the crime. According to the learned counsel, the investigation has already been completed and the final report has also been filed and no purpose would be achieved by continuing the petitioner in detention. It was also pointed out that the medical journals and other materials indicate that head injuries can be caused by falls due to seizures. It was submitted that petitioner’s wife who was suffering from schizophrenia, parkinsons disease and epilepsy, had sustained injuries due to such fall and not by any overt act of the petitioner. The injuries noted in the post mortem report were all caused by the fall, and the petitioner had no role at all on the same.

Sri.Sajju.S, the learned Public Prosecutor, on the other hand opposed the application and he submitted that the post mortem report clearly reveals the extent of injuries inflicted, which cannot under any circumstances be caused by a fall and the investigation had concluded that petitioner inflicted the fatal assault on his wife. It was also submitted that releasing the petitioner on bail at this juncture would cause prejudice to the prosecution case.

Petitioner is alleged to have murdered his wife. The contention of the petitioner that the deceased was suffering from various diseases, as noticed from the list of medicines seized by the Investigating Officer and as shown in Annexure II cannot be completely ignored. However, the same by itself cannot be an answer to the various injuries noted in the post mortem report. Of course, these are all matters for trial. However, considering the period of detention already undergone, and the nature of allegations, I am of the view that further detention of the petitioner is not essential and may lead to punishment before conviction.

Hence, I am of the view that petitioner ought to be released on bail pending trial. Accordingly, I allow this application 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.