Santhosh vs State Of Kerala
2023 Latest Caselaw 9323 Ker

Citation : 2023 Latest Caselaw 9323 Ker
Judgement Date : 25 August, 2023

Kerala High Court

Santhosh vs State Of Kerala on 25 August, 2023

B.A.No.7315/23                             1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                       BAIL APPL. NO. 7315 OF 2023
AGAINST THE ORDER/JUDGMENT CRMC 1683/2023 OF DISTRICT COURT &
                          SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED:

             SANTHOSH,
             AGED 50 YEARS,
             S/O.GOPALAN, SANTHOSH BHAVANAM,
             VALIA VEETIL KIZHAKKATHIL, AADINADU THEKKUM MURI,
             ADINADU P.O, ADINADU VILLAGE, KOLLAM DISTRICT,
             PIN - 690 542.

             BY ADVS.
             BINU GEORGE
             HEMALATHA
             AMANTA MATHEW



RESPONDENT/RESPONDENT:

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

             SRI.HRITHWIK.C.S-SR.PUBLIC PROSECUTOR


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2023,      THE    COURT   ON   THE       SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.7315/23                       2




                             ORDER

This is an application filed u/s 439 of the Code of Criminal

Procedure seeking regular bail.

2. Petitioner is the accused in Crime No.998 of 2023 of

Karunagappally Police Station. Offences alleged against the

petitioner are under Section 304 of the Indian Penal Code.

3. The prosecution case is that, on 30.06.2022 at about

9.15 PM, the petitioner quarreled with the wife and manhandled

her. During the said incident, the father of the petitioner

intervened and thereupon a scuffle occurred between the

petitioner and his father, in which the father was assaulted.

Consequent to the same, the father of the petitioner collapsed

and later passed away. The crime was registered in such

circumstances. As part of the investigation the petitioner was

arrested on 02.07.2023. Since then he has been under judicial

detention. This application for regular bail is submitted in such

circumstances.

4. Heard Sri.Binu George, learned counsel for the

petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the

State.

5. I have gone through the records. It is true that there is

an allegation that the petitioner assaulted the deceased.

However, from the postmortem report made available by the

learned Public Prosecutor, it is seen that no serious injuries were

sustained by the victim. Only two injuries are mentioned, which

are abrasions and lacerated wound of 0.2 x 0.1 cm on left side of

back of trunk, 10cm outer to midline and 6cm below top of

shoulder. Cause of the death was certified as due to occlusive

coronary artery disease.

6. In such circumstances, I am of the view that further

incarceration of the petitioner is not necessary. This is mainly

because of the fact that the petitioner has already undergone

imprisonment since 02.07.2023. From the materials there is

some doubt as to whether the petitioner had committed the

assault with the knowledge that the same was likely to result in

the death of the deceased.

In the result, the application is allowed on the following

conditions:-

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

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required.

(v) The petitioner shall not commit any offence of similar nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.