Supriyesh And Ors vs State Of Kerala And Ors

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicants are accused 2 to 4 in Crime No.31/2021 of Cherupuzha Police Station for having allegedly committed an offence punishable under Section 302 read with Section 34 of the I.P.C.

The prosecution case, in brief, is that on 02.02.2021 between 8.00 PM and 9.30 PM at a place called Poolakkutti in Kanichar Amsom, the deceased went to the house of the 1st accused for consuming alcohol.

The 1st accused was allegedly engaged in the sale of alcohol to persons, who approached him. The deceased was already drunk when he reached the house of the 1st accused, and therefore, he was refused alcohol. Irked by that, the deceased allegedly got into an altercation with the 1st accused, who allegedly beat him with a stick and sent him out of his house. Accused 2 to 4, the applicants herein were waiting outside the house and there was an altercation between them and the deceased. As a result of this, they hit him. He fell down and was dragged along the road as a result of which he sustained an injury to his spinal cord. He was thereafter abandoned by the accused with the knowledge that without medical attendance, he may die. He was taken to the hospital by someone else, where the Doctor realised the gravity of the injury sustained by the deceased. He was referred to some other hospital and the injury to the spinal cord was detected. The F.I.R. was registered only 13.02.2021 initially for an offence punishable under Section 324 of the I.P.C. But consequent to the revelation of the injury sustained to the spinal cord, it was altered to an offence punishable under SEction 326 of the I.P.C. The deceased succumbed to his injuries on 15.02.2021 and the F.I.R. was thereafter altered for an offence punishable under Section 302 of the I.P.C.

The applicants state that they are innocent and the allegations are not true. They did not have any motive to commit the murder of the deceased. They were arrested on 17.02.2021 and have been in custody. They did not use any weapon to cause the injury. The allegation is that they had hit him with hands and he fell down and thereafter he was dragged along the road as a result of which the spinal cord was damaged. It is also possible that he could have fallen in an inebriated condition even otherwise and sustained an injury to his spinal cord in a fall. Therefore, the applicants would state that there is no contribution from their side to cause the death of the deceased. They do not have any criminal antecedents. They have been in custody from 17.02.2021 and further detention may not be required and they are willing to abide by any condition that may be imposed, and therefore, seek regular bail.

Heard the learned Counsel for the applicants and the learned Public Prosecutor.

Considering the submissions made on both sides anxiously, I find that further detention of the applicants may not be necessary because there is nothing to be recovered from them and even going by the prosecution case, they had only beaten him with hands and as a result, he fell down and since he was dragged along the road he had sustained the fatal injuries to his spinal cord. Whether the said injury was caused due to the act of the applicants is something which is to be determined by the trial court on the basis of the evidence that may be adduced. But for that purpose, the detention of the applicants may not be required any longer. There is also no fear of the applicants fleeing from justice and they do not have any antecedents also.

In the result, the bail application is allowed and the applicants are directed to be released on bail on the execution of a 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, on the following other conditions:

i) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

ii) They shall not attempt to influence or intimidate the witnesses; and

iii) They shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.