Full Judgment
B.A.No.7315/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 BAIL APPL. NO. 7315 OF 2023 AGAINST THE ORDER/JUDGMENT CRMC 1683/2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM PETITIONER/ACCUSED: SANTHOSH, AGED 50 YEARS, S/O.GOPALAN, SANTHOSH BHAVANAM, VALIA VEETIL KIZHAKKATHIL, AADINADU THEKKUM MURI, ADINADU P.O, ADINADU VILLAGE, KOLLAM DISTRICT, PIN - 690 542.
BY ADVS. BINU GEORGE HEMALATHA AMANTA MATHEW RESPONDENT/RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. SRI.HRITHWIK.C.S-SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.7315/23 2
ORDER
This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. Petitioner is the accused in Crime No.998 of 2023 of Karunagappally Police Station. Offences alleged against the petitioner are under Section 304 of the Indian Penal Code.
3. The prosecution case is that, on 30.06.2022 at about
9.15 PM, the petitioner quarreled with the wife and manhandled her. During the said incident, the father of the petitioner intervened and thereupon a scuffle occurred between the petitioner and his father, in which the father was assaulted. Consequent to the same, the father of the petitioner collapsed and later passed away. The crime was registered in such circumstances. As part of the investigation the petitioner was arrested on 02.07.2023. Since then he has been under judicial detention. This application for regular bail is submitted in such circumstances. B.A.No.7315/23 3
4. Heard Sri.Binu George, learned counsel for the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.
5. I have gone through the records. It is true that there is
an allegation that the petitioner assaulted the deceased. However, from the postmortem report made available by the learned Public Prosecutor, it is seen that no serious injuries were sustained by the victim. Only two injuries are mentioned, which are abrasions and lacerated wound of 0.2 x 0.1 cm on left side of back of trunk, 10cm outer to midline and 6cm below top of shoulder. Cause of the death was certified as due to occlusive coronary artery disease.
6. In such circumstances, I am of the view that further
incarceration of the petitioner is not necessary. This is mainly because of the fact that the petitioner has already undergone imprisonment since 02.07.2023. From the materials there is some doubt as to whether the petitioner had committed the assault with the knowledge that the same was likely to result in the death of the deceased. B.A.No.7315/23 4 In the result, the application is allowed on the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall fully cooperate with the investigation.
(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report.
(iv) The petitioner shall also appear before the investigating officer as and when required.
(v) The petitioner shall not commit any offence of similar nature while on bail.
(vi) The petitioner shall not make any attempt to
contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vii) The petitioner shall not leave India without
the permission of the trial Court. B.A.No.7315/23 5 In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/25.8.23 B.A.No.7315/23 6 APPENDIX OF BAIL APPL. 7315/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF ORDER DATED 7.07.2023 IN CMP NO.2111/2023 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE KARUNAGAPPALLY Annexure A2 CERTIFIED COPY OF ORDER DATED 14.08.2023 IN CRL.MC NO.1683/2023 BEFORE THE PRINCIPAL SESSIONS COURT KOLLAM