Jayan K.P.Vs State Of Kerala

Ziyad Rahman A.A, J

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the sole accused in Crime No. 733/2022 of Palluruthy Police Station, which was registered for the offences punishable under Sections 302, 307, 323, 449 and Section 450 of the Indian Penal Code.

The prosecution case is as follows: the petitioner, due to enmity with CW 23, who killed the wife of the petitioner eight years ago and is undergoing imprisonment as a life convict, trespassed into the residence of CW23 on 05.06.2022 at about 1.00 p.m, stabbed the father of CW23 with a knife and also his mother. Due to the injuries sustained, the mother of CW23 died. The crime was registered in such circumstances. As part of the investigation the petitioner was arrested on 05.06.2022, and since then, he has been under judicial detention. Even though, the petitioner submitted an application for bail before the learned Sessions Judge, the same was dismissed as per Annexure A1. This application is submitted in such circumstances.

Heard, Sri. M.R Xavier Jess, the learned counsel appearing for the petitioner and Sri. C.N Prabhakaran, the learned Public Prosecutor, appearing for the State.

The learned counsel for the petitioner submits that the petitioner was falsely implicated in the said case. According to him, the materials that the prosecution could collect are insufficient to implicate the petitioner for the offences. It is also the case of the learned counsel for the petitioner that, now that the investigation is completed and the final report submitted, hence there is no purpose in keeping the petitioner in custody, and the petitioner is prepared to cooperate with the trial by abiding any conditions that may be imposed by this Court.

On the other hand, the learned Public Prosecutor would oppose the aforesaid application. It is pointed out that the allegations raised against the petitioner are very serious in nature. He trespassed into the residence of the victim with weapons to commit murder and inflicted serious injuries on two persons, and one of the persons died. It is further pointed out that, even though the final report has been submitted, there is likelihood of intimidation being caused to the witnesses if the petitioner is released on bail. In such circumstances, the dismissal of the application was sought.

I have gone through the records and heard the contentions raised from both sides. The allegations raised against the petitioner are indeed very serious in nature. However, the fact remains that the petitioner has been in custody since 05.06.2022, and almost one year has elapsed. The matter is now pending before the Sessions Court, and the trial is likely to take some time. In such circumstances, I do not find any necessity to keep the petitioner under judicial detention any longer. As regards the apprehension voiced by the learned Public Prosecutor regarding the possibility of intimidation being caused to the victim and witnesses, the same can be addressed by incorporating appropriate conditions while granting bail to him.

In such circumstances, the application is allowed on the following conditions:-

i) 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 Court.

ii) The petitioner shall appear before the Investigation Officer every Saturday for two months.

iii) The petitioner shall also appear before the Investigating Officer as and when required by him.

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

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

vi) 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 Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law.