Shamsudheen vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.465/2022 of Thodupuzha Police Station, Idukki District. The offences alleged against the petitioner is under section 302 of the Indian Penal Code. 1860.

According to the prosecution, the accused caused the death of her sister-in-law on 10.03.2022, by inflicting fatal injuries on her head and arms, using a dangerous weapon and thereby committed the offence of murder.

Sri.Arjun Sreedhar, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 11.03.2022 and has been in custody since then. It was also submitted that petitioner is an aged person and that no purpose would be achieved by continuing the detention, especially since final report has already been filed.

Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the grant of bail and contended that two of the main witnesses happens to be the daughter and wife of the petitioner and therefore, there is a chance of petitioner exerting his influence and thereby interfering with the prosecution case. It was also submitted that releasing the petitioner at this stage would cause prejudice to the prosecution case.

I have considered the rival contentions.

Petitioner is a man of 60 years, who was arrested on 11.03.2022. Already seven months have elapsed since he was detained. Even though the proseuction apprehension about the petitioner interfering with the witnesses and even intimidating his wife looms large, I am of the view that appropriate conditions can be imposed to avoid such interferences. Accordingly, having regard to the circumstances of the case, I am of the view that petitioner can be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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 court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Under no circumstances shall petitioner enter into Idukki District, except for the purpose of trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses including his wife and daughter until the conclusion of trial; nor shall he attempt to tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.