Anil Kumar @ Puruthi Mookkan vs State Of Kerala
2021 Latest Caselaw 18598 Ker

Citation : 2021 Latest Caselaw 18598 Ker
Judgement Date : 8 September, 2021

Kerala High Court

Anil Kumar @ Puruthi Mookkan vs State Of Kerala on 8 September, 2021

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE SHIRCY V.
  WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                     BAIL APPL. NO. 6693 OF 2021

AGAINST THE ORDER/JUDGMENT IN SC 943/2021 OF ADDITIONAL DISTRICT
        COURT & SESSIONS COURT - VI, THIRUVANANTHAPURAM,
                         THIRUVANANTHAPURAM
        CRIME NO.25 OF 2021 OF POTHENCODE POLICE STATION,
                         THIRUVANANTHAPURAM

PETITIONERS/1ST AND 2ND ACCUSED :-

    1       ANIL KUMAR @ PURUTHI MOOKKAN
            AGED 52 YEARS
            S/O.THULASEEDHARAN NAIR,
            ARAPPURA VEEDU, AYIROORPARA,
            AYIROORPARA WARD, VEMBAYAM VILLAGE.

    2       KUMAR
            AGED 50 YEARS
            S/O.SUKUMARAN, ERAVILA VEEDU,
            CHARUMMOODU, AYIROORPARA WARD,
            AYIROORPARA VILLAGE.

            BY ADVS.
            JAIBY PAUL
            ANITA GLENDA PHILIP


RESPONDENT/STATE :-

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM - 682 031.

            BY ADVS.
            SRI.C.K.SURESH- ADDL.DIRECTOR GENERAL OF PROSECUTION
            SRI.MANU P.G, SR.GOVERNMENT PLEADER




     THIS   BAIL   APPLICATION    HAVING   COME   UP   FOR   ADMISSION   ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6693 OF 2021
                                   2

                               ORDER

Application for regular bail.

2. The petitioners who are the first and the

second accused in Crime No.25 of 2021 of Pothencode

Police Station, Thiruvananthapuram District registered

for the offences punishable under Sections 342 and 302

r/w Section 34 of the Indian Penal Code, have moved

this application for their release on bail.

3. The prosecution allegation is that on

04.01.2021 at about 11 pm the petitioners attacked the

deceased with the common intention to commit murder

and they hacked him with an axe and inflicted very

serious injuries to both his legs and head. Though he

was rushed to the hospital, he succumbed to the

injuries. Thereby, they have been booked for the

aforesaid offences.

4. The petitioners are in custody since

05.01.2021.

5. Heard the learned counsel for the petitioners

as well the learned Public Prosecutor. BAIL APPL. NO. 6693 OF 2021

6. The learned counsel for the petitioners would

submit that they are totally innocent of the allegation

levelled against them. Now the investigation is over

and charge sheet has been submitted by the

investigating officer. Still they are undergoing

incarceration and hence this application.

7. According to the learned Public Prosecutor the

deceased was an aged person, who was residing

separately from his family. He has constructed a small

shed in the property of one Prasanth and was residing

there. These petitioners were his friends, who used to

share his company to consume alcohol. They have also

used to take money from him. On the fateful day, when

the deceased demanded back the money thus taken by the

petitioners, there arose a scuffle. During that time,

the petitioners have attacked him and hacked him with a

deadly weapon, an axe and caused fatal injuries on him.

Thereby, they have committed the aforesaid murder of

their own friend. But now the investigation of the case

is over and charge sheet has been submitted before the

jurisdictional Magistrate and it is pending as BAIL APPL. NO. 6693 OF 2021

C.P.No.50 of 2021 before the Judicial First Class

Magistrate Court-I, Attingal.

8. Of course, the deceased was murdered brutally

by these petitioners, though he was their own friend.

But the investigation of the case is over.

The first petitioner is not having any criminal

antecedents.

Considering the entire facts involved in this

case as well the fact that further detention of these

petitioners are not required, I am inclined to release

them on bail subject to the following conditions :-

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

(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners 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.