Rajeev @ Raji vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the accused in Crime No.137/2022 of Haripad Police Station, Alappuzha. It is originally registered under Section 174 of the Cr.P.C. regarding the unnatural death of one Shaji. Later his body was found in a decomposed stage and thereafter offences punishable under Sections 324, 326 and 302 of the IPC were incorporated.

The prosecution case is that, the accused due to previous animosity towards the deceased Shaji, with the intention to commit his murder by inflicting grievous injuries, on 18.02.2022 at 7.15 PM., while the deceased was sitting on the 10th pillar of the wall on the western boundary of the Puthenpurayil house in Ward No.2 of Kumarapuram Panchayat, forcefully beat on the right side of the stomach and head of the deceased Shaji with a wooden piece, thereby he sustained fracture to his rib and skull and succumbed to the injuries. Thereby the accused has committed the offences mentioned above.

The learned counsel for the petitioner further submitted that, he is in custody from 28.02.2022 onwards. It is further submitted that the charge sheet is already laid on 21.05.2022 and that further custody of the petitioner is not required.

The learned Additional Public Prosecutor, upon instruction, submitted that, the petitioner has inflicted a severe blow on the back side of the head of the deceased and beaten on the right side of his stomach and as a result of it he succumbed to the injuries. It is further submitted that, though the charge sheet has been laid, if the petitioner is released on bail there is chance for intimidating the witnesses and the same will affect the successful prosecution of the case.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 28.02.2022 onwards and that the charge sheet has already been laid and also that the petitioner 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)each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in Crime No.137/2022 of Haripad Police Station, Alappuzha;

(iii) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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

(v) The petitioner shall not enter into the jurisdictional limit of the Haripad Police Station until completion of the trial of the case, except for complying with any of the directions issued by the court and to attend any proceedings before the court.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.137/2022 of Haripad Police Station, Alappuzha may file an application before the jurisdictional court, for cancellation of bail.