Sunil Kumar vs State Of Kerala

Application for regular bail. The petitioner is the sole accused in Crime No.3456/2020 of Venjaramoodu Police Station, Thiruvananthapuram District

registered for the offences punishable under Sections 304, 323, 341, 451 and 506(i) of the Indian Penal Code.

The petitioner has been in custody since 28.12.2020.

The prosecution case is as follows:

The petitioner and his wife are residing separately due to certain matrimonial disputes, from 27.12.2020 onwards and she is residing at her paternal

house. On 28.12.2020, this petitioner has gone to her house to have a compromise talk with his wife but, unfortunately there arose an altercation and

scuffle with his brother-in-law, who was present at that time. When the mother-in-law of the petitioner tried to intervene, she was pushed off by this

petitioner. As a result, she fell down and sustained very serious head injuries and later succumbed to the injuries and thereby this petitioner was

arrested for the aforesaid offences by the respondent.

The learned counsel for the petitioner has submitted that he has not committed any offence as alleged by the prosecution. In fact, his children are

with him and so he went to the residence of his wife to bring her back. But in the scuffle that arose all on a sudden with his brother-in-law such an

unforeseen incident has happened. Now the investigation is almost complete and hence this application.

The learned Public Prosecutor has also fairly submitted that the investigation of the case is nearing completion and further detention is not

necessary.

Considering the period of detention undergone by the petitioner in custody, the present stage of the investigation as well the other facts and

circumstances involved in this case, I think that he can be released on bail as requested by the learned counsel for the petitioner. Hence, this

application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for

the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.