Gokul @ Kannan vs State Of Kerala

Ziyad Rahman A.A., J

This is an application seeking Regular Bail.

The petitioner is the accused in Crime No.190/2022 of Cherpu Police Station, which was registered for the offences punishable under Sections 449, 302 and 392 of the Indian Penal Code (IPC).

The prosecution case is that, on 25.02.2022 at about 2.15 p.m., the petitioner trespassed into the house of the victim, who is none other than his grandmother and committed her murder by smothering and stole her gold ornaments. The petitioner was arrested in connection with the said crime on 28.02.2022, and since then, he is under judicial detention.

The learned counsel for the petitioner submits that he is innocent of all the allegations and that he was falsely implicated. According to the petitioner, there is no fruitful purpose in continuing the detention of the petitioner because of the fact that the investigation, in this case, is already completed, and the final report has been submitted.

On the other hand, the learned Public Prosecutor would oppose the application. According to the learned Public Prosecutor, this is a case in which the petitioner had murdered his grandmother, and almost all the crucial witnesses are the close relatives of the petitioner. Therefore, if the petitioner is released on bail, he is likely to influence the said witnesses. It is further pointed out that, one of the witnesses was his father and he is no more. Now, the matter is pending before the First Additional Sessions Court, Thrissur as S.C No. 854/2022.

After considering all the relevant aspects, I am of the view that, the petitioner can be released on bail. The investigation in this case is already completed, and the petitioner is in custody since 28.02.2022, i.e almost eleven months. The trial of the case is likely to take some time, and in the facts of this case, I do not find it necessary to keep him in detention till the trial is over. It is true that the apprehension voiced by the learned Public Prosecutor cannot be simply brushed aside. However, I am of the view that, the same can be addressed by incorporating appropriate conditions. In view of the fact that the investigation is already completed, further detention of the petitioner appears to be not necessary.

In such circumstances, this bail application is allowed, and he is released on bail subject to the following conditions.

The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Thursday for a period of two months

The petitioner shall also appear before the Investigating Officer as and when required.

The petitioner shall not commit any offence of similar nature while on bail.

The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

The petitioner shall not leave the State of Kerala without the permission of the trial Court.

The petitioner shall surrender his passport before the jurisdictional court. If the petitioner is not issued with any passport, he shall file an affidavit to that effect.

In case of violation of any of the above conditions, the jurisdictional Magistrate shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.