Allowed

Anil v. @ Animaman v State of Kerala

Kerala HC12 Jan 2022Bail Appl./14/2022

Case brief

AI extract

What is this about?

In a murder case (Sections 302, 34 IPC) where the final report was filed, the petitioner, the third accused and in custody since July 2021, applied for bail. The High Court allowed the bail application subject to specific conditions including execution of a bond, regular reporting, and non-interference with the investigation.

What did the court decide?

Bail granted conditioned upon execution of a Rs. 50,000 bond with two sureties, regular reporting to the investigating officer, non-interference with witnesses, surrender of passport, and refraining f

Anil v @ Animaman Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2022)

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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 GOPINATH P.

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WEDNESDAY, THE 12^TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 BAIL APPL. NO. 14 OF 2022

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CRIME NO.435/2021 OF CHANDERA POLICE STATION, KASARAGOD DISTRCIT

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PETITIONER/3RD ACCUSED :

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ANIL V @ ANIMAMAN AGED 38 YEARS SON OF ANANTHAN, THALIL HOUSE, MULLAKKODU, KANDANKALI, PAYYANNUR, KANNUR DISTRICT. BY ADV A.ARUNKUMAR

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RESPONDENTS/COMPLAINANT/STATE:

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

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BY ADVS. DR.SEBASTIAN CHEMPAPPILLI, SPL. GOVT. PLEADER, TAXES SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR SRI. SAJJU .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No. 14 of 2022

GOPINATH.P, J

B.A. No. 14 of 2022

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Dated this the 12^th day of January, 2022

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O R D E R

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The petitioner is the third accused in Crime No. 435/2021 of Chandera Police Station, Kasaragod District alleging commission of offences punishable under Sections 449 and 302 of the Indian Penal Code read with 34 of that Code.

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The deceased is the husband of the first accused. It is alleged that accused Nos. 2 and 3 are relatives of the first accused. The first accused allegedly sought the help of accused Nos. 2 and 3 to do away with the deceased and accordingly on 21.07.2021 at about 22:00 hours it is alleged that accused Nos. 2 and 3 strangulated the deceased leading to his death. It is also alleged that the deceased was paralyzed following COVID-19 infection and was bed ridden.

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The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner had reached the house of the deceased on 21.07.2021 on getting information from the first accused that her husband had fallen down. It is submitted that the petitioner had gone there to shift the deceased to the

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B.A. No. 14 of 2022

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hospital. It is submitted that the petitioner has no criminal antecedents and has been wrongly implicated in the case. Finally, it is submitted that the petitioner has been in custody since 22.07.2021 and a final report has already been filed in the matter. It is submitted that since the final report has been filed, the continued detention of the petitioner, is not necessary for the purpose of the investigation.

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The learned Public Prosecutor on instructions vehemently opposed the grant of bail. It is submitted that a cold blooded murder had been carried out by accused Nos. 2 and 3 in conspiracy with the first accused. It is submitted that the grant of bail at this stage is not conducive to the prosecution as there is every chance that material witnessess etc., may be influenced. However, it is confirmed that the final report has already been filed and same is pending before the Judicial First Class Magistrate Court-I, Hosdurg as C.P. No. 69/2021.

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Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted bail subject to conditions. While deciding to grant bail, I take note of the fact that the petitioner has been in custody from 22.07.2021 and further that the final report has already been filed in matter. I also take note of the fact that no criminal antecedents have been reported against the petitioner.

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In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

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B.A. No. 14 of 2022

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(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) The Petitioner shall report before the Investigating officer in Crime No.435/2021 of Chandera Police Station on every Saturday at 11 a.m until further orders;

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(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.435/2021 of Chandera Police Station;

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(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail

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(v) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the Investigating officer

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in Crime No435/2021 of Chandera Police Station station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/- GOPINATH.P JUDGE

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lsn

Anil v. @ Animaman v State of Kerala

Case brief

What is this about?

What did the court decide?

Anil v. @ Animaman v State of Kerala

Case brief

What is this about?

What did the court decide?

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