Rajesh vs State Of Kerala

Shircy V, J

This is the third application filed by the second accused for his release on bail claiming substantial change to the circumstances of the case.

The prosecution case is that the petitioner who is the son of the deceased along with his wife, murdered her on 1.2.2021. The case has been registered against them by Thekkumbhagam police station for the offences punishable under Sections 344, 348, 302, 201 read with Section 34 of the Indian Penal Code.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

According to the learned counsel for the petitioner as the investigation of the case is over, his further detention is not required for the investigating agency. Moreover, the 1st accused has already been granted bail by this Court.

The learned Public Prosecutor opposed the application mainly projecting the brutality involved in the case. It is pointed out by the learned Public Prosecutor that this petitioner along with the wife/the first accused had brutally murdered his own mother to grab her property. So he is not entitled to be released on bail though the investigation of the case is over.

It is incontrovertible that the offences alleged against the accused in this case are so brutal, cruel and heinous, as the deceased was the aged mother of this petitioner. She was residing along with this petitioner and his wife in her own house and she was found dead on one fine morning. On a complaint lodged by the daughter of the deceased who entertained suspicion about the death of her mother, the investigation was taken up by sleuths and thus this petitioner as well as his wife were apprehended. Now the investigation is over and it is pending before the trial court. The first accused has already been granted bail by this Court just considering the age of the children who were left with noone to take care of. It is a fact that due to the Covid-19 pandemic regular sittings in all the courts are not in full swing. The possibility of getting delay for trial of the cases especially murder cases are there and therefore, there is every chance to get this case also delayed and it will not be concluded in immediate future. It is also a fact that the materials are not sufficient to conclude that custodial trial is required in this case.

In view of all these matters, I find that this petitioner can also be released on bail subject to the following conditions

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate  is empowered to cancel the bail in accordance with the law.