Moideen vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under Section 439 Cr.P.C.

Petitioner is the accused in Crime No.391 of 2021 of Kolathur Police Station [now pending as S.C.No.297/2022 before the Sessions Court, Manjeri] registered for the offences punishable under Sections 341, 307, 302, 212 of the Indian Penal Code 1860.

The prosecution case alleges uxoricide by the petitioner on 06.11.2021. According to the prosecution, in the alleged incident, son of the petitioner also sustained serious injuries on his head. Petitioner was arrested on 06.11.2021 and has been in custody since then.

Sri.Babu S.Nair, the learned counsel for the petitioner, contended that petitioner is totally innocent and already more than 200 days have passed since he was remanded. Learned counsel further pointed out that petitioner is willing to abide by any conditions imposed by this Court and that if he is not released on bail, he will not be able to defend the case against him.

Sri.Sajju S., the learned Public Prosecutor, vehemently opposed the grant of regular bail and pointed out that the main witnesses for the incident are the injured son of the petitioner as well as the granddaughter, who is a young girl of 14 years and that release of the petitioner will be a threat to both those witnesses.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 06.11.2021, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

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

(a) The petitioner shall be released on bail on his 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) The petitioner shall co-operate with the trial of the case.

(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) The petitioner shall not leave the country without the permission of the jurisdictional Court.

(f) The petitioner shall not enter into the jurisdictional limits of the residence of the Kolathur Police Station until the conclusion of the trial in the case.

(g) The petitioner shall not attempt to contact his son, daughter or granddaughter who are witnesses till the conclusion of the trial.

(f)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.