Malik Ahammed vs State Of Kerala

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 accused in Crime No.777 of 2022 of Wadakkanchery Police Station, Thrissur, alleging offences punishable under Sections 341, 326 and 307 of the Indian Penal Code, 1860. Later Section 307 IPC was altered to Section 302 since the victim succumbed to his injuries.

According to the prosecution, on 16.10.2022, the accused assaulted the deceased with his hands and plastic pipe who later succumbed to the injuries and the accused thereby committed the offences alleged.

Sri.N.U.Harikrishna, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that even if the prosecution allegations are assumed to be true, still it would only reveal that the deceased had trespassed into the house of the petitioner and assaulted him. In the said melee, when petitioner attempted to ward off the assaults of the deceased who was suffering from severe lever cirrhosis the deceased succumbed to the said illness. The learned counsel submitted that death was not due to any overt act by the petitioner but due to the serious ailment. The learned counsel further pointed out that petitioner is only 24 years in age and that there are no antecedents against him and further that considering the entire circumstances of the case, petitioner ought to be released on bail.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious. It was further submitted that the petitioner had brutally assaulted the deceased who was his own uncle, with a plastic pipe and that the deceased succumbed to the injuries a day later. It was further submitted that since the petitioner was arrested only on 18.10.2022 and that the investigation is still continuing, he ought not to be released on bail.

I have considered the rival contentions and have also perused the postmortem certificate.

Petitioner is only 24 years in age and he was arrested on 18.10.2022. The deceased was suffering from serious illness. The incident occurred in the property of the petitioner. The circumstances in which the incident is alleged to have occurred, apart from the nature of injuries present on the body of the deceased as revealed from the postmortem certificate, compels this Court to release the petitioner on bail even though the investigation is still continuing.

Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall be released on bail on him executing a 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 appear before the Investigating Officer as and when required.

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

(d) 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.