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Judgment
Application for regular bail under Section 439 of Cr.P.C. Applicants are accused 1 and 2 in Crime No.796/2020 of Vandanmedu Police Station,
Idukki for having allegedly committed offences punishable under Section 302 of IPC.
The prosecution case, in brief, is that on 21.12.2020 at about 9.30 p.m., the 1st applicant who is a owner of cardamom plantations having an extent
of 8 acres at Anakkara, in furtherance of common intention with his supervisor, the second applicant, allegedly shot dead the deceased, who is a
contract labour from Jharkhand, with his licensed gun, believing that the deceased had trespassed into the estate to commit theft.
The applicants state that the allegations are not true. Wild animals used to raid the estate, and only to scare away animals, they had used the gun.
They had no intention to shoot down a human being and have no enmity towards the deceased, and had no motive to commit murder. Moreover, it is
also pointed out that it is the brother of A1, who had taken the injured person to the hospital, but on reaching there, the injured was declared dead. The
statement of his brother is also recorded, which does not indicate that the applicants had any motive to commit murder.
Heard the learned Senior counsel Sri Raman Pillai for the applicants and the learned Public Prosecutor.
The learned Public Prosecutor has detailed the materials which have been collected during investigation. It is stated that there are eye witnesses to
the occurrence, who have stated that while they and the deceased were using the shortcut pathway through the estate, they saw the applicants
coming with a gun and soon thereafter, they were shot at and the deceased received the gunshot injury and succumbed to it. They also do not state
about any prior animosity against the deceased and the applicants having any motive to commit murder. With the available materials, prima facie, an
offence under Section 304 alone would be attracted, and not an offence under 302 IPC. However, the prosecution has to be given more time, and
therefore my findings are not conclusive. The applicants were arrested on 21.12.2020. The recovery of the licensed gun is already over. Therefore,
further custodial interrogation of the applicants may not be necessary.
Hence, the application is allowed and the applicants are directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand
only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(i) They shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the
final report, whichever is earlier.
(ii) They shall not tamper with evidence, intimidate or influence the witnesses .
(iii) They shall not get involved in similar offences during the currency of the bail.
In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.