Allowed

Sumesh Thankappan v. State of Kerala

Kerala HC16 Feb 2023Bail Appl./350/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC in a murder case where accused beat deceased to death, the High Court of Kerala allowed bail, noting the deceased had criminal antecedents and the accused was a first-time offender.

What did the court decide?

Petitioner enlarged on bail on Rs.50,000 with two solvent sureties, subject to conditions of cooperation, appearance, and no tampering.

Sumesh Thankappan Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2023)

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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 A. BADHARUDEEN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

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BAIL APPL. NO. 350 OF 2023

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CRIME NO.1574/2022 OF THODUPUZHA POLICE STATION, IDUKKI
PETITIONER/ACCUSED:

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SUMESH THANKAPPAN
AGED 27 YEARS
S/O THANKAPPAN, THAZHUVANCHIRAYIL HOUSE,
EAST KALOOR P.O, THODUPUZHA, IDUKKI, PIN - 685608
BY ADVS.
BASIL CHANDY VAVACHAN
GEORGIE SIMON
CHARUTHA BHAIJU
CHANDHANA BHAIJU
BASIL SAJAN
BASIL SCARIA

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RESPONDENTS/COMPLAINANT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR()
BY SRI.P.G.MANU, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 350 OF 2023

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O R D E R

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Dated this the 16^th day of February, 2023

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This is an application for regular bail filed under Section

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439 of the Code of Criminal Procedure by the petitioner, who is the sole accused in crime No.1574/2022 of Thodupuzha police station.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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I have perused the relevant documents forming part

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of the case diary placed by the learned Public Prosecutor.

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The prosecution case in brief is as follows:

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One Jayesh died on 19.11.2022. Accordingly, FIR was registered under Section 174 of Cr.P.C, treating the same as unnatural death. But later, on investigation, it was found that the petitioner herein beat the above said Jayesh by using a wooden piece and in consequence thereof, he succumbed to death. Accordingly, offences under Sections 324, 326 and 302

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BAIL APPL. NO. 350 OF 2023

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of IPC got incorporated, and the petitioner was nabbed as an

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accused on 12.12.2022 and has been in custody thereafter.

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It is submitted by the learned counsel for the

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petitioner that the petitioner is the brother of the deceased Jayesh and Jayesh was a person having criminal antecedents and tendency to create problems in the society as well as at the residential house. In this case, when Jayesh quarrelled with his father, the petitioner herein beat him by using a wooden piece. Though Jayesh died, the same is not an intentional attempt to cause death. Highlighting the period of detention from 12.12.2022 and the progress of the investigation, learned counsel for the petitioner pressed for regular bail.

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Though the learned Public Prosecutor opposed bail, highlighting the seriousness of the offence, on perusal of the statement of the father recorded by the Investigating Officer, the bad antecedents of the deceased and the attempt to

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BAIL APPL. NO. 350 OF 2023

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abuse and attack the father just before the occurrence could be gathered. In such a case, since the investigation has achieved much progress, further custody of the petitioner, who is first time offender, for the purpose of investigation is not necessary. Therefore, I am inclined to release the petitioner on bail.

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In the result, this bail application stands allowed. The petitioner is enlarged on bail on the following conditions:

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i. The petitioner shall be released on bail on his executing 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 concerned.

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ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

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iii. The petitioner shall appear before the Investigating Officer on every Monday

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BAIL APPL. NO. 350 OF 2023

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between 9 am and 10 am for a period of one month. Further, he shall appear before the Investigating Officer as and when directed.

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iv. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

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v. The petitioner shall not leave India without the prior permission of the jurisdictional court.

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vi. The petitioner shall not involve or indulge in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

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Sd/-

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A. BADHARUDEEN JUDGE

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nkr

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BAIL APPL. NO. 350 OF 2023

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APPENDIX OF BAIL APPL. 350/2023

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PETITIONER ANNEXURES
Annexure-1THE TRUE COPY OF FIR IN CRIME NO.
1574/2022 OF THODUPUZHA POLICE
STATION, IDUKKI.
Annexure-2THE TRUE COPY OF THE REMAND REPORT OF
THE PETITIONER.

Sumesh Thankappan v. State of Kerala

Case brief

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Sumesh Thankappan v. State of Kerala

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