Allowed

Krishnanunni v. State of Kerala

Kerala HC11 Feb 2021Bail Appl./606/2021

Case brief

AI extract

What is this about?

This bail application was filed by the 6th accused in a murder case involving kidnapping, assault, and murder. The court found further custody unnecessary and granted regular bail.

What did the court decide?

Released on bail with a bond of Rs.50,000 and two sureties, subject to conditions including appearing before Investigating Officer, surrender of passport, and non-interaction with witnesses.

Krishnanunni Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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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THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

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Bail Appl..No.606 OF 2021

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CRIME NO.517/2020 OF INFOPARK POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED NO.6 (IN CUSTODY) :

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KRISHNANUNNI, AGED 25 YEARS, SON OF MADHUSOODANAN NAIR, SREELAKAM HOUSE, MUKATHALA P O, KOLLAM PIN-691577

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BY ADV. SRI.GIKKU JACOB

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT P O, ERNAKULAM 682 031

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2 INSPECTOR OF POLICE, INFOPARK POLICE STATION, KAKKANAD, ERNAKULAM, PIN 682037, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT P O, ERNAKULAM

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R1 BY PUBLIC PROSECUTOR R1-2 BY DIRECTOR GENERAL OF PROSECUTION

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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 11.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.606 OF 2021

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ORDER

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Dated this the 11thday of February, 2021

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APPLICATION FOR REGULAR BAIL

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The applicant is the 6^th accused in Crime No.517 of

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2020 of Infopark Police Station, Ernakulam, for having allegedly committed offences punishable under Sections 364, 342, 323, 325, 302, 201, 120-B read with Section 34 of the IPC. The prosecution case, in brief, is this:

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The applicant and the co-accused, hatched a conspiracy to conduct the murder of one Divakaran Nair and on 24.10.2020, the said Divakaran Nair was kidnapped from Aluva in an Innova car, assaulted and murdered. The body was disposed in a compound of the KSEB besides the Infopark-Karimugal Road, Ernakulam. The motive alleged is attributed to a property dispute between Divakaran Nair and his brother Madhusoodanan Nair, the 7^th accused. The applicant is the son of the 7^th accused. The applicant states

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B.A.No.606 OF 2021

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that he is innocent and that he has no role in the conspiracy of the actual act of murder. He has no criminal antecedents as well. He was arrested on 18.11.2020, subjected to custodial interrogation. And, therefore, further custody of the applicant may not be required. He is willing to co-operate with the investigation. There is no possibility of his tampering the evidence. Hence, the applicant seeks regular bail.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor points out that it was the applicant's uncle, who was murdered and that the applicant's father and his uncle have dispute over property, which led to the alleged murder after engaging the other accused to kidnap and murder the deceased. The final report is not yet filed. The applicant has been in custody for 87 days. Under the circumstances, I find that further detention of the applicant may not be necessary.

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In the result, the application is allowed and the

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B.A.No.606 OF 2021

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applicant is directed to be released on bail on the 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 following further conditions:

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(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of three months or till filing of the final report whichever is earlier.

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(ii) He shall surrender his passport before the Investigating Officer and if he does not have one, file an affidavit to that effect, which shall be produced before the jurisdictional court and he shall not go abroad until sanctioned by the jurisdictional court.

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(iii) He shall not enter the jurisdiction of Kottarakara Police Station for a period of three months. The disputed property lies within the jurisdiction of that property. And, therefore, the applicant shall not enter the said area.

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(iv) He shall not intimidate or influence witnesses and

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B.A.No.606 OF 2021

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tamper with evidence.

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(v) He shall not get involved in similar offences during

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the currency of the bail period.

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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.

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The bail application is allowed.

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 Sd/-
 ASHOK MENON
 JUDGE

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NR/11/02/2021

Krishnanunni v. State of Kerala

Case brief

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Krishnanunni v. State of Kerala

Case brief

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