Lal Mohan vs State Of Kerala

BECHU KURIAN THOMAS, J

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.2029/2021 of Kundara Police Station, Kollam District. The offences alleged against the petitioner is under Section 302 of the Indian Penal Code, 1860.

According to the prosecution, petitioner committed murder of his sister-in-law by strangulating her on 18.12.2021 on account of an enmity and thereby committed the offences alleged.

Sri.Kiran Lal, learned Counsel for the petitioner contended that the entire prosecution allegations are false and that the petitioner is totally innocent. It was further submitted there is no direct evidence and the entire prosecution case is built up on circumstantial evidence, which is insufficient to connect the petitioner with the crime. It was also submitted that since petitioner was arrested on 19.12.2021, further detention is not essential, especially since there is no possibility of an immediate trial

Sri.K.A.Noushad , learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and that there is clinching evidence to prove the complexity of the petitioner in the crime. Learned Public Prosecutor also pointed out that the witnesses are all close relatives of the petitioner and even his neighbours and therefore, releasing him on bail would cause prejudice to the prosecution case, especially since there is every chance that he may influence/intimidate the witnesses.

I have considered the rival contentions.

Petitioner was arrested on 19.12.2022 and has been in custody for almost a year. Since the possibility of an immediate trial is very remote, I am of the view that the continued detention does not enure to the concept of fair procedure under Article 21 of the Constitution of India. However, the apprehension of intimidation/influencing the witnesses as expressed by the learned Public Prosecutor cannot be ignored. Even though those apprehensions cannot be brushed aside, sufficient precaution can be taken, to prevent such occurrence.

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

(a) Petitioner shall be released on bail on him executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not enter into the jurisdictional limits of Kundara Police Station till the conclusion of trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.