BAIL APPL. NO. 4769 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
BAIL APPL. NO. 4769 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1227/2022 OF DISTRICT COURT &
SESSIONS COURT,KOTTAYAM
(CRIME NO. 821/2022 OF ETTUMANOOR POLICE STATION, KOTTAYAM)
PETITIONER/S:
GIREESHKUMAR .K.M
AGED 47 YEARS
GIREESHKUMAR.K.M.,
AGED 47YEARS.,
S/O.C.MADAVAN,
KUMPALATHURUTHIYIL HOUSE,
PUNNATHURA WEST.P.O, PEROOR,
KOTTAYAM DIST,, PIN - 686631
BY ADVS.
MATHEWS K.PHILIP
MINISHA K DAS
RESPONDENT/S:
STATE OF KERALA
STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
KOCHI - 682 031, PIN - 682031
OTHER PRESENT:
SRI. P. NARAYANAN, ADDL. PP AND SR. GP
BAIL APPL. NO. 4769 OF 2022
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4769 OF 2022
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BECHU KURIAN THOMAS, J.
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B.A.No.4769 of 2022
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Dated this the 28th day of June, 2022
ORDER
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the accused in Crime No.821/2022 of Ettumanoor Police Station. The offences alleged against the petitioner are under Section 302 of the Indian Penal Code, 1860
3. The prosecution case is that, on 16.05.2022 petitioner had picked up a quarrel with his father and thereafter, due to the assault, the father collapsed, and subsequently succumbed to the injuries, thereby the petitioner committed the offence alleged against him.
4. Smt.Minisha K. Das learned counsel for the petitioner contended that the cause of death of the petitioner's father had no connection with the injuries noted. and that the petitioner is being wrongly prosecuted. It was further pointed out that the postmortem BAIL APPL. NO. 4769 OF 2022 4 report does not reveal the cause of death due to any act of the petitioner and therefore, despite having been arrested only on 18.05.2022, he ought to be released on bail.
5. Sri.P.Narayanan, learned Public Prosecutor opposed the grant of bail and submitted that the allegations are serious in nature and that the petitioner had even threatened the people who volunteered to take the injured to the hospital. He further submitted that even though the findings in the postmortem report indicate that the death was due to a disease of heart and the same was the result of the assault committed by the petitioner, which is evident from the six antemortem injuries caused on the body of the deceased.
6. I have considered the rival contentions.
7. Petitioner is alleged to have committed patricide on 16.05.2022 and was arrested, two days thereafter. The antemortem injuries seen in the postmortem certificate indicate an assault having been caused on the deceased prior to his death.
7. However, since the opinion of the Doctor, who conducted the postmortem, mentions that the death was due to occlusive coronary artery disease - a disease of the heart, I am of the view BAIL APPL. NO. 4769 OF 2022 5 that the continued detention of the petitioner may not be required in the circumstances of the case. The investigation is already completed and the final report has been filed. In such circumstances, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) The petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) The petitioner shall not commit any similar offence while he is on bail.
(e) The petitioner shall not leave the country without the permission of the jurisdictional Court.
In case of violation of any of the above conditions, the jurisdictional BAIL APPL. NO. 4769 OF 2022 6 Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
sd/ BECHU KURIAN THOMAS JUDGE jm/ BAIL APPL. NO. 4769 OF 2022 7 APPENDIX OF BAIL APPL. 4769/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF ORDER OF CRIMP 1139/2020 DATED 28/5/2022 FROM DISTRICT AND SESSION COURT,KOTTAYAM Annexure A2 CERTIFIED COPY OF ORDER OF CRIMP 1227/2020 DATED 9/6/2022 FROM DISTRICT AND SESSION COURT,KOTTAYAM