Vipinraj K vs State Of Kerala

Shircy V, J

The petitioner who is undergoing incarceration since 17.8.2021 in connection with Crime No.614/2021 of Thenmala Police station registered for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code has moved this application for his release on bail under Section 439 of the Code of Criminal Procedure.

The prosecution allegation is that the petitioner due to his enmity towards one Arunkumar, with the intention to cause his death on 5.8.2021 at about 8.30 p.m attacked him and hacked him with a sword, a deadly weapon and caused fatal injuries along with the 2nd accused. Though Arun Kumar was rushed to the hospital for treatment he succumbed to the injuries and thereby the petitioner has committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The  submission  made  by  the  learned  counsel  for  the petitioner is that he is undergoing unnecessary incarceration in connection with the crime as he is innocent and though the investigation of the case is over and final report has been submitted, he is continuing in detention and therefore, this application.

But the learned Public Prosecutor vehemently opposed his request contending that this petitioner was having some connection with one Rince Mathew, a narcotic peddler at Aryanakavu and when he lost his employment owing to Covid -19 he pledged the gold ornaments of his wife and mother and handed over the money so as to buy ganja from Tamil Nadu with the intention to conduct illegal sale of the same in Kerala. This petitioner along with Rince Mathew had gone to Tamil Nadu and collected ganja and brought it to Kerala and handed over to one Jibin and with his help he sold the ganja to Arun kumar , the deceased for a sum of Rs.75,000/- but he returned only a sum of Rs.18,000/- to petitioner and failed to pay the balance amount. Since the amount has not been paid, on 05.08.2021 he reached the house of Arun Kumar to get back the money, but he was not there and when he (Arun Kumar) reached at his residence along with his friend Aji, this petitioner brutally attacked him with the intention to cause his death. His mother and his friend Aji were there at the spot and they have witnessed the incident. So the apprehension expressed by the learned Public Prosecutor is that if the petitioner is released on bail there is every possibility to intimidate the eye witnesses to the prosecution and that will affect the trial of the case adversely.

The prosecution has no case that this petitioner is having any criminal antecedents though the offences alleged against him is so brutal and cruel. Prima facie there is a strong case against this petitioner, but he is not having any criminal antecedents. Though prosecution has a case that he has entrusted Rs.75,000/- to the deceased for collecting ganja from Tamil Nadu, it is pertinent to note that no crime has been registered against this petitioner under NDPS Act and there is no material to show that investigation has been conducted in that line so as to infer that the money transaction between the petitioner as well as the deceased was to procure narcotic drugs. Now the investigation of the case is over and final report has been submitted before the court on 29.10.2021 and is pending as C.P.No.102/2021 before the Judicial First Class Magistrate Court, Punalur. Though the prosecution opposed the bail application no sufficient or ample materials are on record to conclude that custodial trial is absolutely necessary for a fair trial of the case.

In view of the reasons stated above, though the offences alleged against this petitioner are grave and very serious in nature, I am inclined to accept his request for bail. Therefore, this petition will stand allowed subject to the following stringent conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One surety shall be a close relative.

(ii) The petitioner shall not enter into the limits of Thenmala police station for a period of two months.

(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 before the Court

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

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.