UNNIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein have been arrayed as accused Nos.1 and 2 among the two accused in the instant Crime No.829/2019 of Kadakkal Police Station, Kollam, which has been registered for offences punishable under Secs.341, 307 and 302 read with Sec.34 of the IPC. The date of occurrence of the above crime is one 12.05.2019 at about 7.30 pm. The 1 st petitioner (A1) was arrested on 15.5.2019 and the 2 nd petitioner (A2) was arrested on 13.5.2019 and they have been under judicial custody since then. The brief of the prosecution case in relation to the abovesaid crime is that, on 12.05.2019 at about 7.30 p.m., the two accused persons (A-1 is the son of A-2) in furtherance of their common intention to kill the deceased victim Radhakrishna Pillai @ Kamalan, who is the younger brother of the first informant/de facto complainant herein, had wrongfully and illegally restrained said Radhakrishna Pillai at Velunthara Junction situated very proximate to the residence of both the parties, and that A-2 had held him and A-1 had stabbed him with a knife on the chest and on his back. When the wife of the deceased intervened, she was also stabbed by A-1 and thus she has received a cut injury.

(2.) Sri.P.Anoop (Mulavana), the learned counsel appearing for the petitioners would fervently plea that since the accused persons have already undergone detention for the last 130 days and 128 days respectively in relation to this case and as the investigation has been completed and the final report/charge sheet has also been filed and no effective purpose will be served by the continued incarceration of the petitioners and further that, this Court may at least consider the plea of the 2 nd petitioner(A2), who is aged more than 65 years to be released on regular bail, subject to any stringent conditions as his wife is almost living as penurious and alone.

(3.) Further, it is undertaken on behalf of the 2 nd respondent that he would not reside anywhere within the territorial limits of the Police Station in whose limits of the scene of occurrence in the instant case is located and further that the wife of the 2 nd petitioner herein (who is the mother of the 1 st petitioner) herein is residing alone and she is living in poverty and there is none to take care of her and the matter is even now pending as committal proceedings before the learned Magistrate and it is going to be a long wait for the completion of the trial and that this Court is not now inclined to order the release of both the petitioners on regular bail and atleast the 2 nd petitioner aged 65 years may be ordered to be released on regular bail subject to stringent conditions.