Allowed

Ratheesh v. State of Kerala

Kerala HC21 Jul 2020Bail Appl./4163/2020

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to the petitioner first accused in a murder trial. Despite a history of absconding and prior bail cancellation, the court considered the delay in framing charges and witness examination difficulties due to the pandemic as sufficient grounds for release.

What did the court decide?

The petitioner was directed to be released on bail upon execution of a bond for Rs.50,000 with two sureties, subject to conditions of appearance, no witness interference, and no new offences.

Ratheesh Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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TUESDAY, THE 21ST DAY OF JULY 2020 / 30TH ASHADHA, 1942

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Bail Appl..No.4163 OF 2020

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AGAINST THE ORDER/JUDGMENT IN SC 1643/2017 OF II ADDITIONAL DISTRICT COURT,TRIVANDRUM

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CRIME NO.1326/2016 OF Valiyathura Police Station , Thiruvananthapuram

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PETITIONER/S:

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RATHEESH AGED 38 YEARS S/O.VISWAMBARAN, POTTAVILA VEEDU, PALAPPURA VELLAYANI, THIRUVANANTHAPURAM. 695522

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BY ADV. SRI.BABY JOHN (AMBALLOOR)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 682031

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2 STATION HOUSE OFFICER VALITHURA STATION, THIRUVANANTHAPURAM.

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R1 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER

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OTHER PRESENT:

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SRI.S.SAJJU SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4163 OF 2020 2

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ASHOK MENON, J.

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B.A. No. 4163 of 2020

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Dated this the 21st day of July, 2020

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O R D E R

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Application for regular bail under Section 439 Cr.P.C.

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The applicant is the 1^st accused in Crime No.1326/2016 of Valiyathura Police Station for having allegedly committed offences punishable under Sections 302, 201 & 427 r/w Section 34 of IPC along with other two persons.

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The prosecution case in brief is that on 28.08.2016 at about 5 p.m., the petitioner along with other co-accused, in furtherance of common intention, invited a person named Ratheesh and after having consumed liquor together, the said Ratheesh was murdered at a place in Palappoor Desom in Kalliyoor Village. They also committed mischief by destroying the auto rickshaw, and buried the body and caused disappearance of evidence to screen themselves, and thereby, committed the offence. The petitioner was arrested and in the crime stage, he was released on bail on 24.01.2017 on certain conditions.

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He violated the conditions and the bail was cancelled on 12.10.2017.

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Bail Appl..No.4163 OF 2020 3

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Thereafter, the petitioner was again granted bail by the Sessions Court on 28.11.2017. After investigation was completed and the final report filed, the case was committed to the Sessions Court and taken on files of the Additional Sessions Court-II, Thiruvananthapuram as SC No.1643/2017. The applicant did not appear, and non bailable warrant was issued. The petitioner states that he had surrendered on 23.10.2019, and was remanded to judicial custody. Presently, the case stands posted for framing of charge. The petitioner states that he is willing to co-operate with the trial and is willing to appear before the court on all posting dates without fail and therefore he may be released on bail.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The applicant has history of absconding, and thereafter on filing of the final report, he did not appear before the Sessions court. His bail was also cancelled once for breach of conditions. The learned counsel for the applicant submits that there was a communication gap with the counsel he had engaged, and that he did not know the posting date. History of the applicant's appearance may not be so happy, but nevertheless, the fact remains that it is a case of the year

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Bail Appl..No.4163 OF 2020 4

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2017, and the charge is yet to be framed. Consequent to that, witnesses will have to be examined. Being a sessions case punishable under Section 302 IPC, a number of witnesses are likely to be examined, which may result in protraction of the trial. The present pandemic situation, is likely to make things worse, and availability of witnesses for examination is going to be an ordeal. Under the circumstances, I find that it is only reasonable, that the petitioner may be released on bail.

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In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of a 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 the following further conditions:

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i) He shall appear before the trial court on all posting dates without fail unless his presence has been dispensed with by the trial judge for valid reasons.

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ii) He shall not attempt to influence or intimidate the witnesses; and

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iii) He shall not get involved in similar offences during the currency of the bail.

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Bail Appl..No.4163 OF 2020 5

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In case of breach of any of the bail conditions, the prosecution

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shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.

Sd/-

ASHOK MENON

JUDGE

rmm

Ratheesh v. State of Kerala

Case brief

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Ratheesh v. State of Kerala

Case brief

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