Rahul R. Nair vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

Petitioner is the 2nd accused in Crime No.723 of 2019 of Poovar Police Station, Thiruvananthapuram district. The above case is charge sheeted

against the petitioner and others alleging offences punishable under Sections 120(B), 302, 201, 364 r/w section 34 of the IPC. It is now pending as SC

No.20/2020 before the Additional District and Sessions Judge-V/Additional Motor Accident Claims Tribunal 2, Thiruvananthapuram.

The bail application of the petitioner was considered by this Court in Annexure-1. This is the second bail application filed by the petitioner.

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

The learned counsel for the petitioner submitted that the petitioner and other accused are in jail from July 2019 onwards. The learned counsel

submitted that the case is scheduled for trial from 02.08.2021 to 27.10.2021. According to the counsel, the petitioner wants to consult his lawyer to set

up his defense. The learned counsel submitted that, the 1st and 3rd accused is not approaching the court for bail. If one of the accused is out from the

jail, he will be able to consult the lawyer and conduct the case properly. On that ground the learned counsel submitted that, the petitioner may be

released on bail. The learned counsel submitted that the petitioner is ready to abide any conditions, if this Court grant him bail.

The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that, the trial is scheduled and this

Court may not release the petitioner on bail. The learned Public Prosecutor submitted that, the petitioner committed very serious offence and it was a

brutal murder. According to the learned Public Prosecutor, the case set up by the prosecution is through circumstantial evidence. If the petitioner is

released on bail, he will try to destroy the evidence.

This Court, after hearing the bail application filed by the petitioner earlier, dismissed the bail application with liberty to approach the lower court. In

such circumstances, I think I need not consider this bail application again. But I make it clear that, if there is any change in circumstances after the

order of dismissal passed by this Court, the petitioner is free to file a bail application  before  the  trial  court.The petitioner is free to

point out all his contentions before the trial court. If such a bail application is filed, the trial court will consider the same in accordance with law

untrammeled by any observations passed by this Court in the bail order.

With these observations, the bail application is dismissed.