Deepu 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 accused in S.C.No.995/2022 on the files of the Additional District Court- V, Kollam. The offences alleged against the petitioner are under Section 302 of the Indian Penal Code, 1860.

According to the prosecution, petitioner is alleged to have murdered his wife in front of his minor child.

On an earlier occasion, this Court had rejected the bail application of the petitioner as per order dated 07.10.2022 in B.A.No.4514/2022, after taking note of the circumstances that one of the main witnesses in the case, is his own minor child and therefore, there is possibility of petitioner influencing the said witness.

Despite the lapse of more than six months thereafter, trial in the Sessions case has not started. Learned Public Prosecutor submitted that report from the Forensic Science Laboratory is awaited and that the case can be listed for trial only thereafter.

After having heard Sri.B.Dipu Sach Deev, learned Counsel for the petitioner and Smt.P.Seetha, learned Public Prosecutor, I am of the view that, considering the period of detention already undergone by the petitioner from 01.01.2022, and the chances of immediate trial almost impossible, the continued detention of the petitioner may amount to punishment before conviction. Since a minor child is crucial witness, I am of the view that sufficient conditions can be imposed to protect the interest of the witnesses and of the the prosecution, so that the further detention can be avoided, pending trial. Learned Public Prosecutor upon instructions submitted that two minor children of the petitioner are presently residing with their maternal grand parents at Kollam.

Taking note of the above submissions, I am of the view that the petitioner can be released on bail.

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

(a) Petitioner shall be released on bail on him executing 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 not enter Kollam District except for the purpose of participating in the trial.

c) Petitioner shall not contact the minor children directly or indirectly through any mode of communication, until the conclusion of trial.

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

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

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

(g) Petitioner shall not leave Kerala without the permission of the Court having jurisdiction.

(h) Petitioner shall file an affidavit before the trial specifying the place of residence and his contact number.

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.