MANIKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner/accused herein is arrayed as the sole accused in the instant sessions case S.C.No.1399/2019 on the file of the Additional Sessions Court, Neyyattinkara, Thiruvananthapuram district. The offences alleged against the petitioner/accused punishable under Section 302 , 323 , 324 of the Indian Penal Code.

(2.) The prosecution case in brief that, the petitioner/accused on 04.10.2018 at about 1.30 p.m., at the residential premises of the lady victim (who is the mother of the petitioner/accused) the petitioner/accused had caused the death of his mother by forcefully kicking on her chest by his right foot, and beating her on various part of her body by using a stick. Then CW2 (2nd husband of the deceased lady/step father of the petitioner/accused) try to prevent the petitioner/accused from assaulting the deceased lady. He had taken an iron bucket and assaulted CW2 also. Thereafter, case was registered as Crime No.1755/2018 of Neyyattinkara Police Station Thiruvananthapuram district. The police after investigation has filed the final report in the instant case, and after committal the case is now pending as S.C.No.1399/2019 on the file of the Additional Sessions Court, Neyyattinkara, Thiruvananthapuram district. The Sessions Court has framed charges against the petitioner/accused, and the case is now stands posted for trial and schedule to commence on 19.10.2020.

(3.) The learned counsel appearing for the petitioner/accused, would submit that the petitioner/accused was arrested in this case on 07.10.2018 and has been remanded since then, and that his previous bail application has been dismissed by this Court, and this Court as per Annexure -4 dated 29.01.2020 in B.A.No.90/2020, while dismissing the previous regular bail application of the petitioner had also directed that the Sessions Court should complete the trial within 3 to 4 months. Though, the trial was initially scheduled on 23.03.2020, it could not be commenced on account of the Covid-19 pandemic issues, and later it was scheduled on 14.08.2020 and could not commenced due to the same reasons. Now, the case is scheduled for trial on 17.10.2020. This Court as per order dated 07.09.2020 on Crl.M.A.No.1/2020 in Annexure -4, B.A.No.90/2020 has extended the time limit for completion of trial by five months. That later Annexure-5 order dated 28.07.2020 in B.A.No.3713/2020, has granted liberty to the petitioner to approach the Sessions Court concerned for grant of regular bail on account of delay the trial in completing the trial, and that the Sessions Court has now dismissed the said plea of the petitioner/accused for grant of regular bail as per Annexure-6 order dated 21.08.2020, is only on the ground that, the two key witnesses in this case that is CW1 and CW2 are the maternal grandfather and the step father of the petitioner/accused, and that they are aged persons, and that the petitioner is likely to intimidate and influence the witnesses, if he is granted bail. This Court may place any stringent conditions, that the petitioner should not enter the territorial limit of the police station, where the above said key witnesses are now residing until the completion of the trial and this Court may grant regular bail to the petitioner taking into account of the fact that he has been under remand since 07.10.2018. Further it is alleged by the learned counsel for the petitioner/accused that even going by the overall case set up by the prosecution, the incident is said to be happened during the process of drinking of liquor by the petitioner/accused and the deceased lady as well as her father, and that incident would have happened on account of heated exchange of words and etc. Even if such a prosecution case is taken best the prosecution can seek for conviction under Part II of Section 304 of IPC or Part-I of 304 of the IPC and not for the serious offence of Section 302 of the IPC, and therefore, taking into account of the afore said various aspects this Court may grant regular bail to the petitioner/accused subject to strict conditions.