Pradeep Barman @ Pothip vs State Of Kerala

Mohammed Nias C.P, J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the sole accused in Crime No. 2824/2019 of Pala Police Station for having committed offences punishable under Section 302 of the IPC.

The gist of the prosecution case is that, on 30.9.2022, the deceased (native of Orissa) went to the house of the accused (native of West Bengal). The deceased had carried a bottle of Jawan Rum with him, and after consuming alcohol at the house of the accused, the deceased quarrelled with the accused and manhandled the accused with an iron rod, and in retaliation, the accused hit the deceased with a hammer on his head at about 3 A.M. on 1.10.2022. The deceased, while undergoing treatment, succumbed to death on 2.10.2022. Hence, the accused is alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 2.10.2022, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and pointed out that the petitioner is not entitled to get bail.

It is seen that the petitioner is a migrant worker, and the charge against the petitioner is having committed the murder of a person who is also a migrant worker on 1.10.2022. After getting drunk, the petitioner is alleged to have inflicted fatal injuries on the deceased, who succumbed to death on 2.10.2022. The petitioner was arrested on 2.10.2022. The objection the learned Prosecutor raises is the likelihood of the petitioner absconding. After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the nature of the offences committed by the petitioner and the fact that the petitioner has been in custody since 2.10.2022 and also, taking into account the fact that the charge sheet has already been filed on 29.11.2022. As such, there is no possibility of the petitioner adversely interfering with the investigation, and there is no threat raised of the petitioner interfering with the trial. No other criminal antecedents were reported against the petitioner. Given the above facts, I find it appropriate to grant bail, mindful of the fact that bail is the rule and jail is the exception, despite the grave charge against the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

The petitioner shall be released on bail on 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 jurisdictional court. Both the sureties must be from the State of Kerala, and the jurisdictional court will ensure the identity of the sureties.

The petitioner shall report before the SHO of the jurisdictional Police Station where he is residing every Monday for three months.

The petitioner shall furnish the correct address of his residence, including his mobile number, to the Investigating officer as well as to the SHO of the jurisdictional Police Station.

The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

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

If any of the above conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail, as per law.