MIDHUN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is directed against the order passed by the learned Sessions Judge, whereby the Court below invoking its powers under Section 439(2) of the Cr.P.C has cancelled the bail granted to the petitioner in Crime No. 97 of 2018 of the Irinjalakkuda Police Station.

(2.) The skeletal facts need to be stated first. On 28.01.2018 at about 5.45 p.m., Sri. Sujith, a 26 year old man, went to the Private Bus Stand at Irinjalakkuda and confronted the petitioner, who is an autorickshaw driver, and he was asked to refrain from harassing and pestering Meenu, who is Sujith's cousin sister. This led to an altercation. The petitioner allegedly went on a rampage and after pushing Sujith down, inflicted serious injuries on his head. Sujith was rushed to the hospital, but by then, he had fallen into a coma. Crime No.97 of 2018 of the Irinjalakkuda Police Station was registered inter alia under Sections 307, 324, 341 of the IPC. However, despite providing medical assistance, the life of the injured could not be saved. He breathed his last on 31.01.2018. Consequent to his death, a report was submitted deleting Section 307 of the IPC and adding Sections 302 and 212 of the IPC.

(3.) The petitioner was arrested on 05.02.2018 and by order dated 13.04.2018, he was released on bail by imposing stringent conditions. Among other conditions, he was ordered not to intimidate or influence the witnesses, who are likely to give evidence before the court, and to co-operate with the trial. The petitioner was also ordered not to get involved in any offence.