Gopalan Nair vs Pradeep Nambiar

Ziyad Rahman A.A, J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

Petitioner is the accused in Crime No.108 of 2022 of Ponnani Police Station, which is registered for the offences punishable under Sections 341, 323 and 302 of the Indian Penal Code. The allegation against the petitioner is that on 25.02.2022 at about 11.00 a.m the petitioner committed the murder of his neighbour and relative. In connection with the incident the petitioner was arrested on 25.02.2022.

Heard both sides.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. It is pointed out that the deceased was aged 70 years and was having various ailments. The opinion as to cause of death, as shown in the postmortem certificate is also relied on to highlight the same. On the other hand, the learned Public Prosecutor opposed the aforesaid application. Having considered the materials available on record, I am inclined to allow this bail application. This is particularly because, the reason shown as the cause of death in the postmortem certificate.

“The deceased had died due to acute severe pulmonary edema due to acute left ventricular failure due to occlusive coronary artery disease of atherosclerotic nature. The left heart failure was precipitated by the stress of the scuffle/assault (as per Police in KPF 102) and the blunt injury sustained to the head. He had evidence of pre-existing chronic (of long duration) congestive heart failure with right and left ventricular hypertrophy and liver cirrhosis which could have contributed to the fatal outcome.”

It is discernible from the records that the parties are neighbours and relatives. The circumstances under which the incident occurred do not suggest any pre-meditation on the part of the petitioner. No weapon was also used. He was arrested on 25.02.2022. Apparently, there is substantial progress in the investigation and I do not think that any further detention of the petitioner is necessary.

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

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

2) The petitioner shall fully co-operate with the investigation.

3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

4) The petitioner shall also appear before the investigating officer as and when required by him.

5) The petitioner shall not commit any offence of like nature while on bail.

6) 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.

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

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