IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
BAIL APPL. NO. 3179 OF 2022
AGAINST THE ORDER/JUDGMENT IN Bail Appl. 9446/2021 OF HIGH COURT OF
KERALA
CRIME NO.2508/2021 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM
DISTRICT
PETITIONER:
1 ELDHOSE
AGED 27 YEARS
PUTHANPURACKAL HOUSE, SOCIETYPPADY BHAGAM, MALIPPARA
KARA, PINDIMANA VILLAGE, NOW RESIDING IN THE RENTED HOUSE
OF VARGHESE AT PUTHUKKAYIL HOUSE, CHENKARA MUDIYARA
BHAGAM, MALIPPARA KARA, PINDIMANA VILLAGE, KOTHAMANGALAM,
ERNAKULAM DISTRICT., PIN - 686692
BY ADVS.
P.M.RAFIQ
Salil Narayanan
ROY THOMAS (MUVATTUPUZHA)
M.REVIKRISHNAN, MITHA SUDHINDRAN
AJEESH K.SASI, SRUTHY N. BHAT
RAHUL SUNIL, SRUTHY K.K
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. No.3179 of 2022
2
ORDER
This is an application for regular bail.
2. The petitioner is the 1st accused in Crime No.2508/2021 of Kothamangalam Police Station, Ernakulam District alleging commission of offences under Sections 326, 302, 201 and Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that the petitioner had borrowed money from the deceased and on 10-10-2021, the petitioner had called the deceased and required him to come to his house for the purpose of collecting the money lent by the deceased to the petitioner. It is alleged that when the deceased arrived at the house of the petitioner he was brutally attacked, as a result of which he succumbed to his injuries. Thereafter, the petitioner together with the 2nd accused (father of the petitioner) allegedly took the body of the deceased on the scooter of the deceased and dumped the body and the scooter in a nearby canal.
4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the deceased had actually attempted to attack the petitioner and his parents and this was only prevented by the petitioner. It is submitted that the BAIL APPL. No.3179 of 2022 3 petitioner has been in custody from 14-10-2021 and his continued detention is not required for the purposes of any investigation as the final report has already been filed in the matter. It is submitted that the petitioner has no criminal antecedents. It is submitted that the petitioner is aged only 27 years and this is not a case where the custodial trial of the petitioner is warranted
5. The learned Public Prosecutor and the learned counsel appearing for the de facto complainant (brother of the deceased) would submit that the petitioner is not entitled to bail. The manner and method of commission of offence and the fact that the petitioner with the 2 nd accused had dumped the body of the deceased in a canal are pointed out to show that the killing of the deceased was not an accident. It is submitted that considering the brutal nature of the crime the petitioner is not entitled to be released on bail. It is also pointed out that as a result of the murder of the deceased his family consisting of his wife and 3 minor children have been orphaned.
6. The learned Senior counsel appearing for the petitioner submits that this Court can take into consideration the fact that the petitioner has been in custody for 224 days as a change of circumstances for granting of BAIL APPL. No.3179 of 2022 4 bail despite the rejection of the bail application of the petitioner in the month of February, 2022.
7. Though the learned counsel appearing for the de facto complainant vehemently opposes the grant of bail, considering the totality of the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 224 days and a final report has already been filed in the matter, I am inclined to direct that the petitioner can be granted bail, subject to conditions.
8. In the result, this application is allowed and it is directed that the petitioner shall be released on bail, subject to the following conditions:-
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;
(ii) The petitioner shall appear before the investigating officer in Crime No.2508/2021 of Kothamangalam Police Station, Ernakulam District on every Saturday at 11.00 am until further orders;
(iii) The petitioner shall not attempt to contact the de facto complainant or influence or intimidate the de facto complainant or any witness in Crime No.2508/2021 of Kothamangalam Police Station, Ernakulam District;
BAIL APPL. No.3179 of 2022 5
(iv) The petitioner shall not enter the local limits of the Kothamangalam Police Station where the victim is residing except for the purpose of complying with condition No.(ii) above;
(v) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.2508/2021 of Kothamangalam Police Station, Ernakulam District may file an application before the Jurisdictional Court, for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE bng/27.05.2022