Kerala High Court
Robert vs State Of Kerala on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
BAIL APPL. NO. 804 OF 2024
CRIME NO.702/2023 OF Pozhiyoor Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT SC 2320/2023 OF ADDITIONAL
SESSIONS COURT.-TRIAL OF ABKARI ACT CASES,NEYYATTINKARA
PETITIONER/S:
ROBERT,AGED 34 YEARS
S/O.VARGHESE, CHEENIVILA VEEDU, KANTHALOOR DESOM,
KARODE VILLAGE, THIRUVANANTHAPURAM DISTRICT, FROM
IDAVALAKAM VEEDU, KARUMARAM , KARODE DESOM AND
VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN -
695101
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
ADDL. STATE PUBLIC PROSECUTOR
OTHER PRESENT:
SR.PP - SRI.C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
B.A.No. 804 of 2024
SOPHY THOMAS, J.
======================================================
B.A.No. 804 of 2024
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Dated this the 29th day of February, 2024
ORDER
This is an application for regular bail under Section 439 Cr.P.C
filed by the sole accused in Crime No.702 of 2023 of Pozhiyoor
Police Station, Thiruvananthapuram, registered under sections 294(b),
323, 324, 506 and 307 of Indian Penal Code.
2. The prosecution allegation is that, on 02.07.2023 at 4.00 PM
the petitioner, who is the 2nd husband of that defacto complainant, due
to his previous enmity towards her and her mother, abused and
assaulted the defacto complainant and beat her with an iron pipe.
When her mother intervened, he turned against her, and inflicted
several blows on her head and body with that iron pipe. Due to the
severity of the injuries suffered, her mother succumbed to the injuries
on the very same night at 12.15 AM.
3. Heard learned counsel for the petitioner and the learned
Senior Public Prosecutor.
4. Learned Senior Public Prosecutor vehemently opposed the
bail application.
5. Learned counsel for the petitioner would submit that there
were some matrimonial disputes between himself and his wife, and
when he slapped his wife, her mother intervened and she attempted to
assault him using an iron rod. Only as self defence, he inflicted a
blow on the deceased, and he never intended her death. He is in
judicial custody from 04.07.2023 onwards. Final report has been filed
and Sessions Case is pending before the Additional District and
Sessions Court, Neyyattinkara as SC No.2320 of 2023. He is ready to
abide by any condition imposed by this Court.
6. Learned Senior Public Prosecutor pointed out that the
petitioner inflicted 14 injuries on the body of the victim as seen from
the postmortem certificate, out of which four were heavy blows
inflicted on her head with the iron rod. So it was not a case of single
blow, inflicted on self defence as alleged by the petitioner. Moreover,
the petitioner is involved in Crime No.1331 of 2018 of Parassala
Police Station registered under sections 376 of IPC and also POCSO
offences. So this Court is not inclined to release the petitioner on bail.
7. A report was called for from the Additional District and
Sessions Judge, Neyyattinkara as to the time required for disposing of
SC No.2320 of 2023. Learned Trial Judge reported that FSL report is
not yet received and communication has been sent to the FSL for
getting the report immediately. Learned Senior Public Prosecutor
produced copy of the letter received from Director, Forensic Science
Laboratory, stating that considering the urgency reported, examination
of the material objects will be conducted on top priority basis, and the
report shall be given within two weeks.
In such circumstances, a direction can be issued to the trial court
to expedite the trial of SC No.2320 of 2023 immediately on receipt of
the FSL report, and to dispose of the case within five months from the
date of receipt of the FSL report. If the FSL report is not received
within two weeks as assured by the Director, Forensic Science
Laboratory, Thiruvananthapuram, the trial court has to take steps to
see that the report is obtained at the earliest, so as to proceed with the
trial without delay, as the petitioner is in custody.
Registry to forward a copy of this order to the trial court
forthwith along with copy of letter No.B1-9809/FSL 2023 dated
24.2.2024.
With these directions, above petition is disposed of.
sd/-
SOPHY THOMAS
JUDGE
das
APPENDIX OF BAIL APPL. 804/2024
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE CITIZEN COPY OF FIR IN
CRIME NO.702/2023 OF POZHIYOOR POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
Annexure 2 TRUE COPY OF THE ORDER OF THE JFMC-II,
NEYYATTINKARA IN CRL.M.P NO.7303/2023
DATED 30.09.2023
Annexure 3 TRUE COPY OF THE ORDER OF THE
ADDITIONAL SESSIONS COURT,
NEYYATTINKARA IN C.M.P NO.2854/2023 IN
S.C NO. 2320/2023 DATED 13.11.2023
Annexure 4 TRUE COPY OF THE ORDER OF THE
ADDITIONAL SESSIONS COURT,
NEYYATTINKARA IN C.M.P NO.90 /2023 IN
S.C NO. 2320/2023 DATED 09.01.2024
