Venu 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. 525/2022 of Paravoor Police station, Kollam. The offences alleged against the petitioner are under Sections 294(b), 341, 324 & 308 of the Indian Penal Code, 1860.

According to the prosecution, the accused inflicted serious injuries using an iron rod on his mother and stabbed her on her chin and thereafter pulled her towards the bedroom using a piece of cloth and suffocated her and thereby committed the offences alleged against him.

Sri.M.R.Sasith, learned Counsel for the petitioner submitted that the entire prosecution allegations are false and that the incident as alleged had not occurred.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that despite the petitioner having been in custody from 23.06.2022, releasing him on bail would cause prejudice to the investigation case. It was also pointed out that if the petitioner is released on bail, he would influence the witnesses.

I have considered the rival contentions.

Petitioner was arrested on 23.06.2022 for having inflicted grievous injuries on his own mother, who is alleged to have barely escaped from death. The apprehension of the prosecution regarding the petitioner influencing the witnesses cannot be brushed aside lightly, since there is every possibility of the petitioner repeating the acts. However, taking note of the circumstances and the period of detention already undergone by the petitioner, I am of the view that the petitioner can be released on bail on strict conditions.

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 appear before the Investigating Officer as and when required.

(c) Petitioner shall not enter into the jurisdictional limits of the Paravoor Police Station, Kollam until the completion of the trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim directly or indirectly involved in the crime.

(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.