Anandhu @ Vishnu vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

This is the 2nd bail application filed by the accused in Sessions Case No. 2/2020 on the file of District and Sessions Court, Alappuzha. It is a case

charge sheeted by the Pattanakad Police against the petitioner alleging offences punishable under Sections 324, 326 and 302 of the IPC.

The prosecution case is that, on 08.06.2019 the accused entered into the residence of deceased Santha, who is the grand mother of the petitioner

and with intention to murder her, struck head and spine with concrete dumbbell and assaulted her. She succumbed to the injuries. The petitioner is in

custody from 09.06.2019 onwards. The final report is already filed and now the case is pending before the trial court.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that, the petitioner is in custody from 09.06.2019 onwards. There is no chance to start the trial in

this case during the near future. The learned counsel submitted that, even convicted persons are released from the jail because of the pandemic

situation. The learned counsel for the petitioner submitted that, the petitioner is ready to abide any conditions, if this Court grants him bail.

The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that, the petitioner is involved in two other

cases also. The learned Public Prosecutor also submitted that, there is threat to the life of the petitioner also, because the son of the deceased is

having criminal antecedence and there is danger from him towards the petitioner. The learned Public Prosecutor submitted that, the petitioner may not

be released on bail.

This Court considered the contentions of the petitioner in detail in Annexure-2 order and thereafter dismissed the bail application. There is no

change of the circumstances point out by the petitioner to release the petitioner on bail at this stage. It is true that, the petitioner is in custody from

09.06.2019. The trial is to be expedited. Since the country is facing with a Covid -19 pandemic, I am not in a position to fix any time limit. The trial

court will take every endeavor to dispose the case as expeditiously as possible.

With these observations this bail application dismissed.