Lalan vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.2407/2021 of Pettah Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 341, 342 and 302 of the Indian Penal Code.

The allegation against the petitioner is that on 29.12.2021 at about 3.30 a.m., the petitioner stabbed one Aneesh @ Appu (deceased) at his house on account of the fact that the deceased was seen in the company of the elder daughter of the petitioner on that day.

The learned counsel for the petitioner submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner was working in the Gulf Countries and had returned home owing to the fact that he lost his job on account of Covid-19 Pandemic. It is submitted that the fact that the alleged incident took place in the house of the petitioner and that too in the early hours (3.30 a.m.) of 29.12.2021 indicates that the petitioner was only protecting his daughters from the deceased. It is submitted that the deceased had trespassed into the house of the petitioner and was seen in the company of his daughters on the early hours of 29.12.2021 and the petitioner had only reacted in a manner which any parent would in the said circumstances. It is submitted that a final report has already been filed in the matter and that the continued detention of the petitioner is not necessary as this is not a case which requires any custodial trial. It is submitted that the petitioner has no criminal antecedents and that he will comply with any condition that may be imposed to ensure that he is available to face trial.

Heard the learned Additional Public Prosecutor also.

Sri. P. Narayanan, the learned Additional learned Public Prosecutor has placed a detailed report regarding the case. It is submitted that while it is true that the deceased was found in the house of the petitioner at 3.30 a.m., on 29.12.2021, that by itself is not a reason to justify the act of the petitioner in fatally stabbing the deceased. He, however, submitted that the prosecution has no objection in granting bail to the petitioner subject to stringent conditions to ensure that he is available to face trial.

Having regard to the facts and circumstances of the case and considering the fact that the prosecution has no objection in granting bail to the petitioner, I am inclined to direct that the petitioner shall be released on bail subject to conditions.

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:

(i) Petitioner shall execute a 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;

(ii) Petitioner shall appear before the investigating officer in Crime No.2407/2021 of Pettah Police Station whenever called upon to do so;

(iii) The petitioner shall not attempt to influence any witness in Crime No. 2407/2021 of Pettah Police Station;

(iv) 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;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.2407/2021 of Pettah Police Station may file an application before the jurisdictional Court for cancellation of bail.