Santhosh Joseph vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the 2nd accused in Crime No. 1176/2018 of Kottayam West Police Station, alleging commission of offences punishable under sections 302, 201 and 34 of Indian Penal Code, 1860.

As stated in the bail application, the prosecution allegation is that he along with the 1st accused consumed alcohol along with the deceased person and then the petitioner and the 1st accused had hit the deceased severely, the petitioner had brought an iron rod from another place and handed it over to the 1st accused, using which the first accused had hit the deceased and then both the accused persons carried the deceased to a well and threw him into it leaving the deceased to drown in the well and thereby the accused have committed the aforesaid offences.

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

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime and he was arrested on 24.08.2018 and is in custody since then. The learned counsel for the petitioner further submitted that the trial of the case is not expected to commence in the near future, for the reason that the FSL report is not made available to the court. It is further submitted that the petitioner is facing health issues also.

The learned Public Prosecutor opposed the application for bail mainly contending that accused Nos.1 and 2 committed murder of one Kochumon due to previous enmity by using with an iron rod and they dumped the body into the well. It is further submitted that investigation is over and charge sheet is already laid on 09.11.2018 and further that the FSL report is not yet forwarded to the court. The learned Public Prosecutor further submitted that the involvement of the petitioner in any other crime is not seen reported.

Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 24.08.2018 onwards and that the trial of the case is not expected to commence immediately for the reason that the FSL report is not made available to the court and further that he has no other criminal antecedents, I am inclined to grant bail to the petitioner but taking into consideration the seriousness of the allegation the same shall be only on stringent conditions.

In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a 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. 1176/2018 of Kottayam West Police Station, on every Saturday at 11 am, until completion of the trial,

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 1176/2018 of Kottayam West Police Station,

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

(v) The petitioner shall appear before the trial court on all posting dates except on medical grounds.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 1176/2018 of Kottayam West Police Station, may file an application before the jurisdictional court, for cancellation of bail.