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HIGH COURT OF KERALA
P.UBAID, J
BIJU – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./3370/2016
Bail - Accused in Murder Case - Indian Penal Code, Sec 302 - The court granted bail due to insufficient evidence of intent to kill, indicating possible culpable homicide instead of murder.
Fact of the Case:
The petitioner is accused of causing his mother's death, with an allegation of murder pending investigation under Section 302 of the Indian Penal Code. The death resulted from injuries sustained days prior, and intent is uncertain.
Finding of the Court:
The court noted that there was no threat to witnesses and that the investigation was thorough. Given the circumstances, it was deemed appropriate to grant bail to the petitioner.
Issues: Whether the petitioner should be granted bail in a case where the allegations involve homicide and intent to kill.
Ratio Decidendi: The court balanced the seriousness of the charge against the lack of evidence of intent to kill and the thoroughness of the ongoing investigation, thus favoring bail.
Final Decision: Bail is granted with specific conditions.
ORDER
The petitioner herein is the sole accused in Crime No. 149 of 2016 of Agali Police Station where investigation is proceedings under Section 302 of the Indian Penal Code .
2. The allegation against him is that he caused the death of his mother. It is yet to be ascertained whether this is in fact a case of murder or only a case of culpable homicide not amounting to murder. The mother was allegedly assaulted by the petitioner herein on 27.02.2016 and the mother died on 09.03.2016. The cause of death shown in the post-mortem certificate is internal bleeding due to the injuries sustained on 27.02.2016. Whether the petitioner pushed the mother and caused the said injuries with the intention to kill her, is a matter to be looked into during trial. He has been in custody since 12.03.2016. The Police has not so far been able to submit final report in the crime. The complaint was in fact filed by the brother of the petitioner. The victim was not immediately taken to the hospital. There are so many circumstances indicating that this is only a case of culpable homicide not amounting to murder. Anyway, it is a fact that the death of the mother was caused by the petitioner herein; whether intentionally or not. The Police has gone a long way in the investigation and has collected all the required materials for prosecution. Now there is no question of the witnesses being threatened or influenced by the petitioner. The main witness who made complaint is his own brother, who is not in good terms with the petitioner. So such possibility of the material witnesses being influenced or threatened is not there. I feel it appropriate to release the petitioner on bail on conditions at this stage.
3. In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for ₹50,000/-
each to the satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;
a)The petitioner shall not enter the revenue village where the incident took place.
b)The petitioner shall not in any manner influence or intimidate the witnesses, and he shall not have any contact with the material witnesses directly or over telephone or otherwise.
c)The petitioner shall report before the Investigating Officer between 10.00 am to 11 a.m on all Fridays till the final report is submitted.
d)The petitioner shall not involve in any offence till trial of the case is over.
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