Jamshan And Ors vs State Of Kerala

Application for regular bail.

The petitioners are the accused in Crime No. 930 of 2020 of Kalpetta Police Station registered for the offence punishable under Section 302 read

with Section 34 of Indian Penal Code.

The petitioners are in custody since 22.12.2020.

The prosecution case is as follows:

The deceased, a man aged about 34 years at the time of his death was residing along with his three children and wife at Kozhikode District. The

petitioners are residents of Wayanad District. On 20.12.2020 in the midnight, the deceased had trespassed into the residential house of the

petitioner/accused when their mother came out of the house to go to the wash room situated in the courtyard. She was attacked by the deceased who

was hiding behind the house. On hearing her hue and cry, the petitioners rushed to save her and there occurred a scuffle. The petitioners somehow

saved the mother, but attacked the deceased which caused his death. Thereby they have committed the offences punishable under Section 302 read

with Section 34 of Indian Penal Code.

According to the learned counsel for the petitioners, in fact the deceased had trespassed into the residential house in the midnight of 20.12.2020 and

attacked the aged mother and the scuffle took place in an attempt to save the mother. Somehow or other the deceased had sustained injuries and he

succumbed to the injuries. But the petitioners have not attacked the deceased with the intention to cause his death. Now they are in jail for the last

more than two months. The 2nd petitioner is having a minor child and the child is left alone with the aged mother and hence they seek for their release

on bail.

The learned Public Prosecutor has submitted that the investigation of the case is nearing completion. The learned Public Prosecutor has also

produced the CD file for perusal.

A perusal of the CD file would reveal that post-mortem examination of the deceased was conducted and thereafter the case has been registered

against these petitioners under Section 302 of Indian Penal Code. But the CD file indicates that recovery was effected from the place of occurrence

and the investigation is almost complete. Moreover, it is to be noted that the place of occurrence is the residential house of the petitioners and the time

of occurrence was in the midnight of 20.12.2020.

Considering the entire facts involved in this case, especially the present stage of investigation, the period of detention undergone by these petitioners

in judicial custody, and the other facts and circumstances involved in the case, I think that they can be released on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with solvent sureties

for the like sum each to two the satisfaction of the court having jurisdiction.

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him in writing. They shall co-operate with

the investigation of the case.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.