SELVARAJ @ SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.2171 of 2021 of Pothencode Police Station, Thiruvananthapuram. He faces an indictment for the offence under sec. 302 of the Indian Penal the Code,1860. Through the present application, petitioner seeks for bail under sec. 439 of the Code of Criminal Procedure, 1973.

(2.) The prosecution case is that petitioner committed the murder of his wife on 31/8/2021 at around 4.30 pm by inflicting a stab injury on the neck of the deceased.

(3.) Sri.Latheesh Sebastian, learned counsel for the petitioner submitted that the prosecution case is totally false and the petitioner is innocent of the crime. Even though the learned counsel submitted that the petitioner was suffering from psychosis and was admitted in the mental hospital subsequent to the alleged offence, during the course of arguments, he retracted the said contentions and submitted that petitioner is not claiming the benefit of mental condition for the purpose of this bail application. It was pointed out that in the bail application filed before the learned Sessions Judge, a report was called for from the Jail Superintendent, who had informed that there were no psychotic features at present and the medical conditions require treatment at a medical hospital with tertiary facilities.