Sajith vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the sole accused in Crime No.1662/2023 of Varkala police station, Thiruvananthapuram, for having committed offences punishable under Sections 447, 294(b), 323, 324 and 304 of the Indian Penal Code.

The prosecution case is that on 29.08.2023 at about 15.30 hours, the accused herein trespassed into the house of his father and uttered obscene words so as to cause annoyance to him. Subsequently, he attacked him with a stick. He was a heart patient. Sid Mr.Satheedrakurup died due to the impact of the blows of the accused. The accused has committed the offences alleged.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 31.08.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the fact that the petitioner is the son of the deceased, the alleged weapon used and that the recovery is effected, the statement of the sister of the petitioner, who is also the daughter of the deceased, that the deceased had suffered cardiac problems four times before, that the investigation has substantially progressed and also the fact that he has been in custody since 31.08.2023 and since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) 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;

(ii) The petitioner shall report before the Investigating Officer as and when directed;

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

(iv) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned and if the release of the passport is required at the later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter;

(v) The petitioner shall not be involved in any other crime while on bail;

(vi) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;