Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 BAIL APPL. NO. 5438 OF 2022 CRIME NO.155 OF 2022 OF HILL PALACE POLICESTATION PETITIONER/ACCUSED: AVIN @ AMAL AGED 27 YEARS S/O KARUNAKARAN MADATHIPARAMBIL HOUSE NORTH IRUMPANAM, THRIPUNITHURA ERNAKULAM, PIN - 686605 BY ADVS. KHADEEJA RISHBATH KALLINGAL SREEJA K.S. ASHISH GOPAL K.G RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SR.PP - SRI. SAJJU S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.5348 of 2022 2
VIJU ABRAHAM, J.
B.A.No.5438 of 2022 Dated this the 29th day of July, 2022
ORDER
This is an application for regular bail.
2. Petitioner is the accused in Crime No.155 of 2022 of Hill Palace Police Station registered alleging offences punishable under Sections 324 and 302 of the Indian Penal Code.
3. The prosecution case is that on 09.02.2022 at 7.30 p.m.
the petitioner committed murder of his father who was a drunkard at his house situated at Irumpanam North Kara, Thiruvankulam Village by beating him with a steel pipe on his head and various parts of his body and thus committed the abovesaid offences.
4. Petitioner submits that he has been falsely implicated in
the abovesaid crime. Petitioner submits that the investigation is over and the final report is already filed and is now pending as C.P No.6 of 2022 before the Judicial First Class Magistrate Court, Thripunithura. Petitioner further submits that he has absolutely no other criminal antecedents and that he is in custody from 10.02.2022 onwards.
5. Learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner has murdered BA No.5348 of 2022 3
his father in a brutal manner but submitted that the petitioner has no other criminal antecedents and also that the investigation is complete and the charge sheet is already filed. Learned Public Prosecutor further raised apprehension that if the petitioner is released on bail his attendance before the court at the time of trial cannot be ensured and further that there is every chance of influencing witnesses.
6. Taking into consideration the fact that the petitioner is in
custody from 10.02.2022 onwards and that petitioner has no other criminal antecedents and further taking note of the fact that the investigation is completed and the charge sheet is already laid, I am inclined to grant bail to the petitioner, but taking note of the apprehension raised by the learned Public Prosecutor, the same shall be only on stringent conditions.
In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) Petitioner shall promptly appear before the trial court on all postings dates except on medical grounds and unless exempted by the trial court. BA No.5348 of 2022 4
(iii) He shall not enter the jurisdiction limit of Hill Palace Police Station till completion of the trial except for attending any court proceedings.
(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(v) He shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.155 of 2022, Hill Palace Police Station may file an application before the jurisdictional court, for cancellation of bail. Sd/- VIJU ABRAHAM JUDGE cks