Murukesh @ Murugesh P 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. 771/2022 of Badiadka Police Station, Kasargod. The offences alleged against the petitioner are under Sections 341, 324, 308 and Section 506 of the Indian Penal Code, 1860.

According to the prosecution on 04.10.2022, the accused trespassed into the washroom of the defacto complainant and attacked her with a chopper and committed culpable homicide by causing grievous hurt.

Sri. Jiji.S. the learned counsel for the petitioner contended that the prosecution allegations are false and that petitioner is innocent. It was further submitted that petitioner was arrested on 12.10.2022 and has been in custody since then.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and if the petitioner is released on bail, there is every possibility of him intimidating the defacto complainant and other witnesses.

I have considered the rival contentions.

Though the allegations are serious in nature, considering the period of detention already undergone, I am of the view that further detention is not essential for the purpose of investigation.

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 appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

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

(e) 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.