Unnikrishnan vs State Of Kerala

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.629/2020 of Cheranalloor Police Station, Ernakulam. The offence alleged is under Section 302 of IPC.

The prosecution case in short is that on 15/10/2020, at 7.00 p.m, the petitioner hacked his own father with a machete and caused his death at his

house situated at Karuppan Vayanasala Road, Vishnupuram, Cheranalloor Village and thereby committed the offence.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He

further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public

Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and

if the petitioner is released on bail at this stage, it would affect the course of investigation.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the

petitioner was remanded to judicial custody on 19/10/2020. The investigation is over and the final report has already been filed. Hence, I do not find

any reason to hold that the continued detention of the petitioner is required for any purpose. For all these reasons, the petitioner is entitled to be

released on bail on conditions.

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

(i) The petitioner shall be released on bail on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each

to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall not commit any offence of like nature while on bail.

(iii) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to

tamper with the evidence or influence any witnesses or other persons related to the investigation.

(iv) The petitioner shall not leave State of Kerala without the permission of the trial Court.