Jamal vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No. 209 of 2021 of Cheruthuruthi Police Station, Thrissur District, which is now pending as SC No. 784 of 2021 before the Sessions Court, Thrissur, alleging commission of offence under Section 302 of the Indian Penal Code.

The allegation against the petitioner is that on 14.04.2021 at about 12.15 pm, the petitioner murdered his father by inflicting several injuries on his neck using a sword.

The learned counsel for the petitioner would submit that the petitioner has been in custody from 15.04.2021 onwards. It is submitted that the petitioner has no criminal antecedents. It is further submitted that the petitioner had no occasion to attack his father and that he has been falsely implicated in the matter. It is also submitted that even if the prosecution version is believed to be true, the incident happened in the spur of a moment and it was not a premeditated attack. It is submitted that since the final report has already been filed in the matter, the continued detention of the petitioner is not necessary for the purpose of any investigation.

The learned Public Prosecutor vehemently opposes grant of bail. The gruesome and brutal nature of the offence by the petitioner is pointed out. It is submitted that the father of the petitioner was a blind person and the petitioner had committed a cold blooded murder of his own father. It is further submitted that the petitioner is not entitled to be released on bail as the release of the petitioner will have an adverse effect on the society at large and the public interest is likely to be affected.

Having regard to the facts and circumstances of the case and taking into account the fact that the petitioner has no criminal antecedents and considering the fact that he has been in custody from 15.04.2021 onwards and has completed almost one year in custody, I am of the view that the petitioner can be granted bail, subject to conditions. I also take note of the fact that following investigation, a final report has already been filed in the matter, and that the trial of the case may not commence soon.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b)Petitioner shall appear before the investigating officer in Crime No. 209 of 2021 of Cheruthuruthi Police Station, Thrissur District, every Saturday at 11.00 am until further orders;

(c) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(d)The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 209 of 2021 of Cheruthuruthi Police Station, Thrissur District, may file an application before the jurisdictional court for cancellation of bail.