Praveen vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.955 of 2022 of Anchalummoodu Police Station, Kollam District registered alleging commission of offences punishable under Sections 294(b), 302, 323, 324, 341 r/w 34 of IPC.

The prosecution allegation is that, on 15.10.2022 at about 4.30 pm, A1 manhandled his father in -law, when he stabbed his own wife and hit his head against the wall and grabbed the knife from the hands of deceased and stabbed in the back of her ear. The 2nd accused beaten the deceased with his hands and pushed him down and kicked him. A3 sprayed chilly water to his face and used filthy language.

Petitioner   submitted   that   the   entire allegations against him are false. The victim is the father in-law of the petitioner herein who is addicted to alcohol and from the year 2021 onwards, he had an extra-marital relationship with another lady. Thereafter he used to regularly beat his wife and children. Against the physical and mental cruelty from the victim, the petitioner’s mother in-law had filed Annexures-A3 & A4 complaints before the Vanitha Cell, Police Station, Kollam against the victim.

On the day of the alleged incident, the victim after consuming alcohol stabbed the mother in–law of the petitioner on her left hand with a knife. When the 3rd accused heard the sound of screaming, she suddenly came out of the house. Immediately accused Nos. 1 and 2 came there and tried to protect the petitioner’s mother in-law and grabbed the victim. Suddenly the victim fell down on the ground and thereby hit his head on a stone and got injured. Due to the injuries sustained by petitioner’s mother in-law, she was admitted in the hospital and Annexure A5 discharge summary will clearly show that she was assaulted at home by her husband and was stabbed. The petitioner submits that he was arrested on 16.10.2022 and that he has been falsely implicated in the above said crime and further that he has no other criminal antecedents. It is also submitted that the 3rd accused is already granted bail by this Court in B.A.No.9218 of 2022.

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

The learned Public Prosecutor opposed the application for bail mainly contending that the victim sustained severe injuries including injury to his head, which is the alleged cause of death of the victim, as per the statement of the doctor. As per the prosecution allegation, the petitioner has beaten the deceased with his hands and pushed him down and kicked him. Learned Public Prosecutor further submitted that the investigation is practically over and that the petitioner has no other criminal antecedents.

Considering the fact that the petitioner is in custody from 16.10.2022 onwards, and he has no other criminal antecedents, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.955 of 2022 of Anchalummoodu Police Station on every Saturday at 11.00 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

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

If any of the aforesaid conditions are violated, the  investigating  officer  in  Crime  No.  955  of  2022 of Anchalummoodu Police Station may file an application before the jurisdictional court, for cancellation of bail.