Subin Mohan vs State Of Kerala
2021 Latest Caselaw 19646 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                      BAIL APPL. NO. 6869 OF 2021
   AGAINST THE ORDER/JUDGMENT IN SC 50/2020 OF ADDITIONAL
  DISTRICT COURT & SESSIONS COURT - IV, KOTTAYAM, KOTTAYAM
PETITIONER/S:

             SUBIN MOHAN,
             AGED 28 YEARS
             S/O.MOHANAN.T., KACHERRKALAYIL VEEDU,KAVUNKALPADI
             BHAGOM, KARUKACHAL P.O., KOTTAYAM-686 540.
             BY ADV JOSSY KURIAN


RESPONDENT/S:

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

OTHER PRESENT:

             SMT.VIDYA KURIAKOSE, PP



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.09.2021,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.6869/21                    2




                      P.V.KUNHIKRISHNAN, J
                   ----------------------------------
                        B.A. No. 6869 of 2021
                       --------------------------------
             Dated this the 17th day of September, 2021


                           ORDER

The petitioner is the accused in sessions case No. 50/2020 on

the file of the Additional District and Sessions Court-IV, Kottayam.

The above case is charge sheeted against the petitioner alleging

offences punishable under Secs.323, 324, 326 and 302 of the IPC.

2. The prosecution case is that on 29.8.2019 at about

9 a.m., the accused slapped and beat the deceased with a wooden

rod and thereby inflicted fatal injuries to the head and body. It is

also alleged that the accused hit and thrashed the deceased girl

against the wall and repeatedly hit her head with an iron hammer

and thereby the skull was broken and caused fatal injuries. She

was admitted in Medical College Hospital, Kottayam and while

undergoing treatment, she succumbed to her injury at 6.15 am. on

30.8.2019. Admittedly, the petitioner was an accused in a POCSO

case, in which the deceased was the victim. After the registration

of that POCSO case, the petitioner started to live with the victim

girl and thereafter, the petitioner committed murder of that victim

girl. Hence, this case is registered.

3. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

4. The learned counsel for the petitioner reiterated his

contentions in the bail application. The counsel submitted that the

petitioner is in custody from 30.8.2019 onwards. The trial has not

started even now. The counsel submitted that the petitioner is

ready to abide any conditions, if this Court grants him bail.

5. The learned Public Prosecutor seriously opposed the

bail application. The Public Prosecutor submitted that this Court

already considered the contentions of the petitioner in B.A. No.

1603/2021 and dismissed the same. There is no change of

circumstances after the order passed in B.A.No.1603/2021.

6. After hearing both sides, according to me, there is no

change of circumstances after Annexure-A4 order which is dated

10.2.2021 in B.A.No. 1603/2021. When this bail application came

up for consideration, this Court obtained a report from the trial

court about the present stage of the sessions case itself. The

learned Sessions Judge informed that the FSL report received on

3.8.2021.But the Public Prosecutor is now on leave as she was

affected with Covid-19. The case is now posted to 8.11.2021.

There can be a direction to the trial court to dispose the sessions

case itself, as expeditiously as possible.

Therefore, this bail application is dismissed, directing the

Sessions Court to dispose the sessions case No. 50/2020, as

expeditiously as possible.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS