Allowed

Vishnu Nair @ Kannan v. State of Kerala

Kerala HC7 Mar 2023Bail Appl./695/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by an accused charged with murder. The court noted that while injuries accelerated the victim's death due to pre-existing coronary artery disease, the question of mens rea remained evidential. The accused was released on bail subject to specific conditions regarding sureties, cooperation with investigation, and non-interference. Quality: ok

What did the court decide?

Petitioner released on bail by executing a bond for Rs.50,000/- with two solvent sureties each for the like amount, subject to other conditions.

Vishnu Nair @ Kannan 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

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TUESDAY, THE 7^TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944

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BAIL APPL. NO. 695 OF 2023

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AGAINST THE ORDER IN CRMC 100/2023 OF DISTRICT COURT &

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SESSIONS COURT,TRIVANDRUM

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CRIME NO.942/2022

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PETITIONER/ACCUSED:

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VISHNU NAIR @ KANNAN AGED 26 YEARS, S/O SUNIL KUMAR RESIDING AT TC 83/1032, PRA 16, GIRIJA BHAVAN, PUNNAPURAM, THIRUVANANTHAPURAM, PIN – 695561.

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BY ADV SASTHAMANGALAM S. AJITHKUMAR

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RESPONDENT/STATE:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

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BY SENIOR PUBLIC PROSECUTOR SMT. T.V.NEEMA

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24.02.2023, THE COURT ON 07.03.2023 DELIVERED THE FOLLOWING:

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B.A.Nos.695/2023 2

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A. BADHARUDEEN, J.

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================================

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B.A.No.695 of 2023

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================================

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Dated this the 7 th day of March, 2023

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O R D E R

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This is an application for regular bail filed by the sole

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accused in Crime No.942/2022 of Petta Police Station, Thiruvananthapuram, where he alleged to have committed offences of murder punishable under Section 302 of the Indian Penal Code.

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2 . Heard the learned counsel for the petitioner as well as

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the learned Public Prosecutor. Perused the case diary as such.

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3 . The prosecution case emanates from the case diary placed by the learned Public Prosecutor is that at about 11 a.m on 30.12.2022 the accused fisted one Jayakumar, on his chest and thereafter beat on his stomach at the autorickshaw stand at Pettah. Soon Jayakumar became unconscious. Although he was taken to the hospital, when he was examined by the Doctors, his death was declared. It is on

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B.A.Nos.695/2023 3

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this premise, the prosecution alleges the above offences.

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4. While pressing for grant of bail to the petitioner, who has been in custody from 31.12.2022 onwards, the learned counsel for the petitioner would submit that the deceased person, who was suffering from coronary artery disease, died as a result of the said infirmity though it is reported as per the postmortem certificate that the injury inflicted by the petitioner could have accelerated the disease process and precipitated death. Therefore, the learned counsel for the petitioner submitted that the petitioner has no mens rea to commit murder and he even died not use any weapon to assault the disease. An incident arose out of difference of opinion led to the occurrence and in consequence thereof Jayakumar died due to heart disease. Highlighting the custody of the petitioner and the factual events, as narrated, the learned counsel for the petitioner pressed for bail.

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5. The learned Public Prosecutor opposed bail pointing out

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the seriousness of the offence committed by the accused and also

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B.A.Nos.695/2023 4

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pointing out the premature stage of the investigation.

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6. On perusal of the case diary, it could be noticed that the accused herein beat on the chest of Jayakumar. Then by using his right hand, the accused pushed him down. Thereafter Jayakumar urinated and became unconscious. When he was taken to hospital it was reported that he died. In the postmortem certificate it has been categorically observed under the head `opinion as to cause of death' that postmortem findings are consistent with death due to occlusive coronary artery disease. Injuries noted on the body . could have accelerated the disease process and precipitated death Thus it appears that even though the injuries aggravated the disease process and the same precipitated the death of Jayakumar, the mens rea at the instance of the petitioner is a matter of evidence. However, taking note of the factual events, as discussed, with reference to the postmortem certificate, I am inclined to release the petitioner, who has been in custody from 31.12.2022, on bail by imposing conditions.

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B.A.Nos.695/2023 5

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7. Accordingly, the petition stands allowed and the petitioner

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can be released on bail on the following conditions:

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i. Accused/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. Accused/petitioner shall not intimidate the witnesses or

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tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

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iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

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iv. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came

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to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.

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Sd/- (A. BADHARUDEEN, JUDGE)

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rtr/

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B.A.Nos.695/2023 6

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APPENDIX OF BAIL APPL. 695/2023

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PETITIONER'S ANNEXURES

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AnnexureA1 THE FREE COPY OF THE ORDER IN CRL.M.C.NO. 100/2023 BY THE PRINCIPAL SESSIONS JUDGE, THIRUVANANTHAPURAM DATED 17/01/2023 Annexure A2 THE TRUE COPY OF THE FIR AND FIS IN CRIME NO. 942 OF 2022 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A3 THE TRUE COPY OF THE POST -MORTEM CERTIFICATE DATED 31/12/2022 IN CRIME NO. 942 OF 2022 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM DISTRICT

Vishnu Nair @ Kannan v. State of Kerala

Case brief

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Vishnu Nair @ Kannan v. State of Kerala

Case brief

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