David vs State Of Kerala

M.R.Anitha, J

Petitioner is the sole accused in Crime No.611/2021 of Kannamaly police station registered for the offence punishable under Section 307 IPC.

De facto complainant is the wife of the petitioner. It is alleged that out of enmity in de facto complainant becoming pregnant, there was a quarrel in between the petitioner and the mother-in-law and when the de facto complainant tried to settle the matter, he intentionally inflicted fatal injuries with a chopper on her head and thereby accused committed the offence aforementioned.

Petitioner was arrested on 16.7.2021 and thereafter he has been under confinement. The learned Public Prosecutor produced copy of the wound certificate which would show that she sustained stab wound of 7x4 cm deep on the frontal region of head and another stab wound of 6x4 cm deep on the parietal region of head. However, it is reported by the learned Public Prosecutor and also the learned counsel for the petitioner that there was no admission in hospital. Only out patient treatment was taken. According to the learned Public Prosecutor, it was due to the reason that she was pregnant and due to the COVID-19 spread during that period.

However, taking into account the fact that the petitioner has been under confinement from 16.7.2021 onwards, and no other crime has been registered against the petitioner and the facts circumstances, I find it just and proper to grant bail to the petitioner on the following conditions :-

(i). Petitioner shall execute bond for a sum of Rs.75,000/- ( seventy five thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court;

(ii). He shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for three months or until final report is filed whichever is earlier.

(iii). The petitioner shall not enter the limits of the Village where the de facto complainant resides.

(iv). He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed to that effect;

(v). He shall not try to contact or influence the witnesses or tamper with the evidence;

(vi). He shall not involve in any crime during the period on bail.

(vii). If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.