XXXXXXXXXX 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 sole accused in Crime No.1065/2022 of Punalur Police Station, Kollam District. Petitioner is alleged to have committed an offence under Section 302 of the Indian Penal Code. 1860.

According to the prosecution, on 09.07.2022 between 12.30 am and 6.30 am, the accused murdered his wife by strangulating her and thereby committed the offences alleged.

Sri.Praveen.K.S, learned Counsel for the petitioner contended that the entire prosecution allegations are false and that the petitioner had no role in the death of his wife. It was further pointed out that petitioner was arrested on 09.07.2022 and has been in custody for more than 140 days and since the final report has already been filed, no purpose would be served by continuing the petitioner in detention.

Smt.M.K.Pushpalatha , learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious and that there were 17 antemortem injuries on the deceased, as noted in the postmortem certificate. It was also submitted that postmortem report clearly reveals that the death was due to ligature strangulation and that petitioner is the only person, who was beside the deceased at the relevant time. It was also pointed out that, if petitioner is released on bail, it would cause threat to the safety of the children and that he may also intimidate the other witnesses.

I have considered the rival contentions.

Petitioner is indicted for the offence of uxoricide by strangulating his wife on 09.07.2022. The postmortem report has revealed 16 antemortem injuries. Even though the offence is serious, considering the fact that petitioner has been under detention for more than 140 days, and that the case against the petitioner is built upon circumstantial evidence, I am of the view that further detention is not essential, especially since final report has already been filed and the case is now pending as CP No.48/2022 on the files of the Judicial First Class Magistrate Court-II, Punalur. However, in view of the apprehension expressed by the learned Public Prosecutor, the safety of the children is required to be ensured by imposing strict conditions.

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

(a) Petitioner shall be released on bail on him executing 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 co-operate with the trial of the case.

(c) Petitioner shall not contact or interact with his children, until completion of the trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(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.