Johny Y.N vs State Of Kerala
2023 Latest Caselaw 1129 Ker

Citation : 2023 Latest Caselaw 1129 Ker
Judgement Date : 18 January, 2023

Kerala High Court

Johny Y.N vs State Of Kerala on 18 January, 2023

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                       BAIL APPL. NO. 10418 OF 2022
        CRIME NO.1423/2021 OF PARASSALA POLICE STATION,
                            THIRUVANANTHAPURAM
        AGAINST THE ORDER/JUDGMENT SC 1262/2022 OF SUB
                           COURT,NEYYATTINKARA
PETITIONER/ACCUSED :

              JOHNY Y.N., AGED 51 YEARS
              S/O NESAMONY, RESIDING AT ASWATHY BHAVAN,
              NEAR R.C CHURCH, KUZHICHANI,
              KEEZHAKOLLA, CHENKAL VILLAGE,
              NEYYATTINKARA TALUK,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695 132.
              BY ADVS.
              J.R.PREM NAVAZ
              SUMEEN S.


RESPONDENT/STATE :

              STATE OF KERALA
              REPRESENTED PUBLIC PROCECUTOR,
              HIGH COURT OF KERALA, KOCHIN,
              PIN - 682 031.
              BY ADV PUBLIC PROSECUTOR SAJJU S., SR.



THIS   BAIL    APPLICATION      HAVING   COME   UP    FOR    ADMISSION    ON
18.01.2023,      THE    COURT   ON   THE    SAME     DAY    DELIVERED    THE
FOLLOWING:
 BAIL APPL. 10418/2022


                                             2



                        BECHU KURIAN THOMAS, J
                      ...........................................
                            B.A.No.10418 of 2022
                         .....................................
                 Dated this the 18 th day of January, 2023

                                         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.1423 of 2021 of

Parassala Police Station, Thiruvananthapuram district,

registered for the offences punishable under Sections 364,

341, 342, 323, 326, 294(b), 302 r/w Section 34 of the

Indian Penal Code, 1860.

3. According to the prosecution, on 24.06.2021 the accused

murdered one Thomas, who is the brother of the defacto

complainant. Subsequent to the investigation, the final

report was filed and the case is now pending as

S.C.No.1262 of 2022 before the Additional Sessions Court,

Neyyattinkara.

4. Sri.J.R.Prem Navaz, the learned counsel for the petitioner,

submitted that the entire prosecution allegations are false

and that petitioner is innocent of the crime. It was further BAIL APPL. 10418/2022

submitted that there are no eye witnesses to the incident

and the prosecution case is built upon circumstantial

evidence. According to the learned counsel, despite the

petitioner having been arrested on 27.06.2021 the trial has

not yet commenced as the prosecution is awaiting the

report of the Forensic Science Laboratory. In any event,

the learned counsel submitted that, the continued

detention of the petitioner will deprive his right to liberty

under Article 21 of the Constitution of India especially

since the possibility of an immediate trial is remote. It

was also submitted that petitioner is willing to abide by

any conditions that may be imposed upon him.

5. Sri.Sajju S., the learned Public Prosecutor, opposed the

grant of bail and submitted that allegations are serious

requiring continued detention. It was further submitted

that report of the Forensic Science Laboratory has already

been received and that the petitioner if released on bail

would be a threat to the family of the deceased. It was

also contended that the mother of the deceased had earlier

itself filed an affidavit pointing out that there was threat BAIL APPL. 10418/2022

to her life and, therefore, if the petitioner is released on

bail, she apprehends danger to her life. It was also

submitted that on three earlier occasions, the bail

applications filed by the petitioner were dismissed and

there are no change of circumstances warranting the grant

of bail now.

6. I have considered the rival contentions.

7. In the order dated 01.07.2022 in B.A.No.4856/2022, this

Court had noticed that the earlier two bail applications,

were rejected by this Court and also observed that there

are no change of circumstances to consider the grant of

bail to the petitioner. It was also noticed that the mother

of the deceased had expressed her apprehension during the

investigation, which itself about the threat to her life from

the accused and his goons.

8. However, for the last more than 500 days i.e., from

27.06.2021 petitioner has been in custody. The possibility

of an immediate trial is also very remote. Since the trial

has not yet commenced and considering the nature of

allegations, I am of the view that further detention of the BAIL APPL. 10418/2022

petitioner would deprive him of his liberty and may

amount to conviction before punishment. Accordingly, I

am of the view that, the long lapse of time and the

inability to commence the trial till date, on account of the

delay in obtaining report from the Forensic Science

Laboratory, justifies the grant of bail to the petitioner,

subject to strict conditions.

9. In the result, this application is allowed on the following

conditions:-

(a) Petitioner shall be released on bail on him 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.