Kerala High Court
Krishnan Nair vs The State Of Kerala on 14 August, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 14TH DAY OF AUGUST 2020 / 23RD SRAVANA, 1942
Bail Appl..No.4582 OF 2020
CRIME NO.597/2020 OF THE THRIKKUNNAPUZHA POLICE STATION, ALAPPUZHA
PETITIONER/SOLE ACCUSED:
KRISHNAN NAIR,
S/O, MADHAVAN NAIR,
AGED 63,
MONNUKULANGARA VEETTIL,
ERCKAVU MURI,
KUMARAPURAM VILLAGE,
ALAPPUZHA.
PIN - 690548
BY ADV. SRI.K.R.SUNIL
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA
THROUGH THE SUB INSPECTOR OF POLICE,
THRIKKUNNAPUZHA POLICE STATION,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI - 682 031.
R1 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER
OTHER PRESENT:
SRI.AMJAD ALI - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.4582 OF 2020
2
ORDER
Dated this the 14th day of August, 2020 APPLICATION FOR REGULAR BAIL UNDER SECTION 439 CR.P.C The applicant is the sole accused in Crime No.597 of 2020 of Thrikkunnapuzha Police Station, for having allegedly committed offence punishable under Section 302 of the IPC. The prosecution, case in brief, is this:
2. On 03.07.2020 at about 9.00 PM, the applicant attacked his brother-in-law, Sreekumaran Pillai, with a chopper and inflicted injuries on his head and left shoulder, causing grievous hurt, to which he succumbed on the same day. It is stated that the FI Statement was given by the son-in-law of the deceased, in which, it is stated that the deceased used to frequently harass his wife, who is the sister of the applicant and out of that vengeance, the applicant attacked his brother-in-law and caused his death.
3. Heard the learned counsel appearing for the applicant B.A.No.4582 OF 2020 3 and the learned Public Prosecutor. The learned counsel appearing for the applicant submits that his sister, who is the wife of the deceased, is a 61-year-old cancer patient and is bed-ridden. She was being frequently harassed and assaulted by the deceased, who was an alcoholic. On the fateful day, the deceased had kicked his wife, while was lying on the bed and that was the sudden provocation, which led the applicant to cause the death of his brother-in-law.
4. It is submitted that the applicant has no criminal antecedents. He is willing to co-operate with the investigation.
Custodial interrogation is over. The chopper allegedly used by him has already been recovered and therefore, further incarceration of the applicant is not necessary. Moreover, he is a senior citizen aged 63 years, and considering the pandemic situation, he need not be detained in jail for a longer time. The learned Public Prosecutor has admitted that the applicant does not have any criminal antecedents. It is also submitted that the applicant was taken into custody and the recovery of the chopper is already over. The further statement of the wife of the B.A.No.4582 OF 2020 4 deceased is yet to be recorded.
5. Considering the present pandemic situation, the age of the applicant, his antecedents and the fact that the weapon allegedly used by the applicant has already been recovered, I find that he is entitled to be released on bail on certain conditions.
6. In the result, the bail application is allowed and the applicant is directed to be released on bail on the execution of bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer on all alternate Saturdays, for a period of two months.
(ii) He shall not enter the jurisdiction of the Police Station except for compliance of condition No.1
(iii) He shall not intimidate or influence witnesses and tamper with evidence.
(iv) He shall not get involved in similar offences during the currency of the bail period.
B.A.No.4582 OF 2020 5 In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.
Sd/-
ASHOK MENON JUDGE NR/14/08/20