Binukumar vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.1/2021 of Punalur Police Station, Kollam for having allegedly committed offence punishable under Section 302 of IPC.

The prosecution case, in brief, is that on 31.12.2020 at about 9.30 p.m., the deceased, applicant and some other friends were celebrating new year in a bar at Punalur. The deceased and the applicant got into some altercation, in consequence of which, the applicant allegedly stabbed him repeatedly with a folding knife and inflicting fatal injuries. Two penetrating wounds each were caused on the neck and head, which led to his death.

The applicant states that the allegations are not true. The applicant and the deceased were close friends. On 31.12.2020 the deceased went outside with two friends and the deceased became violent after consuming alcohol, as a result of which, there was scuffle, in which the deceased somehow sustained injuries and it was not a deliberate attack on the deceased. The deceased was the aggressor who picked up the sight. The applicant has no criminal antecedents and therefore he seeks bail, since he has been in custody from 01.01.2021 onwards.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor has sought time for recording the 164 Cr.P.C. statement of the witnesses, who are closely associated with the applicant and who were present at the scene of occurrence. There are eye witnesses. It is submitted that in case the applicant is released on bail there is every possibility of his influencing and intimidating those witnesses. 164 statement is not recorded even after 77 days and the applicant has been in custody in all these days. He has no criminal antecedents. It is true that there is possibility of the applicant influencing or intimidated the witnesses who are closely associated with him. But that may not be sufficient reason to decline bail to the applicant who has been detained for 77 days. Under the circumstances, I find that the bail can be granted on stringent conditions. In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only)with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of final report whichever is earlier.

(ii) He shall not enter the Kollam District for a period of two months except for complying condition No.1.

(iii) He shall not get involved in similar cases during the currency of the bail.

(iv) He shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.