Shajahan vs State Of Kerala

This Bail Application is filed under Section 439 of Cr.P.C.

The petitioner is the sole accused in Crime No.127 of 2021 of Harippad Police Station, Alappuzha. The offences alleged against the petitioner are punishable under Sections 449, 324 and 302 of the Indian Penal Code.

Sri.G.Kalesh Kumar @ Madhu, a close relative of the defacto complainant, died while he was under treatment in the Medical College Hospital, Vandanam, subsequent to a scuffle. In the postmortem examination, it was found that Madhu died due to injuries sustained on his head. Thereafter, alleging the offences mentioned above, the petitioner was arrested on 19.2.2021 and he is in judicial custody since then. It is alleged by the prosecution that on 16.2.2021, at about 9 P.M., at the residence of the deceased, the petitioner hit him with a helmet on his head in which he sustained fatal injuries on his head and face.

The case of the petitioner is that he is absolutely innocent and that the prosecution has suppressed the genesis of the case. It is submitted by the petitioner that he has no connection with the alleged incidents. The learned counsel for the petitioner submitted that the investigation is almost at the final stage.

The learned Public Prosecutor opposed the bail plea of the petitioner.

The materials placed before the court reveal that the weapon allegedly used by the petitioner has been recovered. The further incarceration of the petitioner is not warranted. Having regard to the nature of the allegations, the stage of enquiry and the tenure of judicial custody undergone by the petitioner, I am of the view that he is entitled to be released on bail on conditions.

In the result, this Bail Application is allowed as follows :

(a) The petitioner is ordered to be released on bail on his executing 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.

(b) He shall appear before the Investigating Officer on all Wednesdays between 10 A.M. and 11 A.M. till the final report is filed.

(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution.

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