Manoj Joseph vs Station House Officer

Mohammed Nias C.P.J

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

The petitioner is the sole accused in Crime No.949/1635 of Ponkunnam Police Station, for having committed offences punishable under Sections 324, 326, 302 and 435 of the Indian Penal Code.

The prosecution allegation is that, on 15.08.2023, at about 3.00 p.m., at the residence of the petitioner, he had hacked one Cherian Sebastian @ Babu, using an old iron cycle pump resulting in injuries to his legs and consequently, he was admitted to the hospital and that, while undergoing treatment he had succumbed due to the gravity of the injuries inflicted by the petitioner. In addition that, the petitioner had set ablaze the motorcycle of Cherian Sebastian, causing loss to the rune of Rs.40,000/- and thereby committed the above offence.

Heard the learned counsel for the petitioner and the learned Public prosecutor.

Learned counsel for the petitioner argues that the deceased, a relative of the petitioner, had come to the house of the petitioner, and spoke ill of the mother and sister of the petitioner and in that quarrel, the allegation is the petitioner has hit both legs of the deceased on 15/8/2023 and he died on 18/8/2023 while he was being treated in the hospital. The petitioner was arrested only on 21/8/2023, after the death. He submits that there was a sudden and grave provocation at the instance of the deceased when he spoke ill about his mother and sister and the weapon used namely, a cycle pump itself shows that there was no motive and the alleged injuries caused also show that it was on any vital organ and as such this cannot be a case charged under Section 302 IPC. He also argued that recovery has been effected and the major part of the investigation is over and prayed for granting bail.

The learned Public prosecutor opposing the bail application submits that the postmortem report clearly reveals around 15 injuries including abrasion, contusion, multiple abraded contusions, and fractures on the leg and the ribs and the doctor has certified that the death was due to the injuries sustained to the right lower rib. He also pointed out that as the parties are relatives, there is a chance of influencing or intimidating the witnesses and even the charge sheet has not been filed and prayed for dismissing the bail application.

Having considered the rival submissions I note that even according to the prosecution the reason for the attack was the statements of the deceased who spoke ill of the mother and sister of the petitioner. The is also to be noted that all the injuries were caused to the right lower rib. Of course, there are abrasions and contusions. The recovery has already been effected and learned counsel for the petitioner also made available a report from the Caritas Heart Institute and Research Centre, which had prescribed a Coronary Artery Bypass graft for the deceased months before. It is thus the submission of the learned counsel for the petitioner that the death was due to a heart attack and not on account of the injury sustained by the deceased. I also notice that the weapon used was a cycle pump which was also recovered from the house. An overall consideration of the facts and circumstances narrated above will, at least primafacie, lead to the absence of a motive to murder or a premeditated attack and as the prosecution itself alleges the statements of the deceased about the mother and sister of the petitioner as the reason for the assault. It is also to be noted that there are no other antecedents reported against the petitioner. Under such circumstances, I am inclined to grant bail to the petitioner on strict conditions:

The petitioner shall be released on bail on executing separate bonds for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

Petitioner shall appear before the investigation officer at 10 a.m., every Saturday for three months or till the charge sheet is filed, whichever is earlier.

He shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

He shall not commit any offence while on bail;

He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

He shall not leave India without the permission of the jurisdictional Court and, if he has a passport, shall deposit the same before the Trial Court within a week. If the release of the passports is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the Court having jurisdiction.

He shall furnish their present address along with his mobile number to the Court concerned as well as to the investigating officer.

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