Sudheesh Kumar Alias Ponnu vs State Of Kerala

Mohammed Nias C.P.J

The second accused in Crime No. 675/2023 of Ranni police station, registered alleging offences punishable under Sections 302 r/w 34 of the Indian Penal Code has filed this application u/s 439 of the Code of Criminal Procedure seeking regular bail

The prosecution case is that the brother of the accused Aniyankunju @ Jobin. P.J., the deceased used to get drunk and come home and hurt the parents of the first accused. He was also questioning the regular visit of the second accused to the house of the first accused. On 23.7.2023, the deceased Jobin licked up a quarrel with the neighbour Rajesh after getting drunk. The first accused interfered in this, stopped it and asked Rajesh's wife to call the police. The deceased Jobin picked up a quarrel with the first accused for the same. On account of this animosity, on the same day at 10.30 p.m., in Venganthadathil House situated in Pazhavangadi Grama panchayath, in pursuance to their common intention to cause the death of the said jobin, the first accused and the second accused beat his cheek and chest. When Jobin tried to escape from the accused, A1 picked up a wooden plank from the wooden reclining chair kept in the house and beat hard on the back of the head of Jobin. Jobin caught hold of the shirt of the first accused and fell down. Meanwhile, A1 brutally hit Robin on his head, chest and body continuously with the sad wooden plank until it broke. It caused the death of Jobin and thereby the accused are alleged to have committed the offence of murder in pursuance of their common intention and thereby committed the above offence.

Learned counsel for the petitioner and the learned Public Prosecutor were heard.

The learned counsel for the petitioner submits that the deceased and A1 are brothers and the deceased was a drunkard who was all along creating problems. A1 and A2 had reached the house of the deceased and A2's presence was disliked by the deceased. The allegation is A1 had hit the deceased with an old wooden chair till the chair broke. There is no overt act alleged against A2 and no weapon was used by him.

The learned Public Prosecutor opposing the bail application has filed a report. He also argues that the cause of death was the injuries sustained to the head and neck, inflicted by A1 using a wooden chair. The allegation against A2 herein is that he hit with his hand.

Having considered the rival submission and perused the postmortem certificate which specifies that the cause of death, prima facie, the contention on behalf of the A2 has to be accepted. There is no weapon used by A2 and the cause of death is also due to the act of A1, the postmortem report shows 10 ante-mortem injuries all of which are caused by the wooden chair used by A1. The petitioner was arrested on 25.7.2023. It is also seen that the charge sheet was filed, and the case has been numbered as CP No.79/2023 of JFCM, Ranni. In the above circumstances, I find that the continued incarceration of the petitioner is not required, accordingly, I am inclined to allow the application on strict conditions:

(i) The petitioner shall be released on bail on executing separate bonds for Rs.2,00,000/- (Rupees Two lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; one of the sureties shall be a parent or close relative of the petitioner

(ii) The petitioner shall appear before the Investigating Officer on alternate Saturdays between 9 a.m. and 11 a.m. for a period of three months and thereafter as directed by the Investigating Officer.

(iii) The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

(iv) The petitioner shall not commit any offence while on bail;

(v) The petitioner shall not leave the State of Kerala without the prior permission of the Court having jurisdiction;

(vi)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 a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If the petitioner 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.

(vii)The petitioner shall furnish his present address and mobile number to the Court concerned and the investigating officer.

(viii)The petitioner shall not enter the jurisdictional limits of Ranni police station for four months from today.

(ix)The petitioner shall fully cooperate with the trial and shall appear on all the postings except when absence is permitted by the court concerned.

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