Sujeesh S 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.682/2022 of Alathur Police Station, Palakkad alleging offences punishable under Sections 450 and 302 of the Indian Penal Code, 1860. Subsequently, the offence under Section 450 IPC was deleted and Section 449 IPC has been added.

According to the prosecution, the accused was in a relationship with the victim. On doubting her relationship with another person, he trespassed into her house with the intention to commit murder and strangled her using a cloth and thereby committed the offences alleged.

Sri.T.R.Vishnu, the learned counsel for the petitioner contended that the entire incident as alleged had not occurred and the petitioner is totally innocent. It was also pointed out that the petitioner was arrested on 10.08.2022 and that the continued detention ought not to be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the petitioner is alleged to have committed a heinous crime and the evidence adduced so far clearly point towards a premeditated murder committed by the petitioner. It was also submitted that the investigation has not yet been completed and that releasing the petitioner on bail, at this juncture, would prejudice the investigation.

I have considered the rival contentions. The petitioner is alleged to have committed the murder of his lover for six years by strangulating her on 10.08.2022. Even though the petitioner is allegedly only 24 years in age, I am of the view that since the investigation is continuing and the circumstances clearly point towards the petitioner as the accused, prejudice will be caused to the investigation, if petitioner is released on bail, at this juncture. Therefore this bail application is liable to be rejected.

Accordingly, I dismiss this bail application.