Bail granted due to lack of evidence and long custody period; conditions imposed.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused in Crime No.292/2024 of Kalikavu Police Station, Malappuram District. The offences alleged are punishable under Section 302 of the IPC and Section 75 of the Juvenile Justice (Care and Protection of Children)

Act.

3. The prosecution case, in short, is that on

24.3.2024 at about 13.30 hours, the applicant kicked his child aged 2½ years and dashed its head on a wall causing grievous injury which resulted in the death of the child and thereby committed the offences.

4. I have heard Sri.Samsudin P., the learned counsel for the applicant and Sri. C.K. Suresh, the learned Special Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Special Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

26.3.2024. It is true that the murder is a brutal one. However, the final report has been filed long back. The applicant is in custody for the last one year and nine months. He does not have any criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall not commit any offence of a like nature while on bail.

(iii) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(iv) The applicant shall not enter into the jurisdictional limits of the Kalikavu Police Station, Malappuram where the mother of the deceased resides.

(v) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vi) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-