While granting bail to a man accused of attacking a woman with a chopper and explosives because she rejected his marriage proposal, the Kerala High Court cited grounds of prolonged incarceration without trial.
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ON October 25, Justice Bechu Kurian Thomas of the Kerala High Court granted bail to a man on grounds of prolonged incarceration.
The man is accused of attacking a woman with explosives because she rejected his marriage proposal.
In Mukesh versus State of Kerala, Justice Thomas said: “Though the allegations are serious in nature and the petitioner has a history of having absconded earlier, I am of the view that considering the long period of detention already undergone, further detention would amount to conviction without trial.”
Brief facts
According to the prosecution, the accused person developed an enmity against the victim because she rejected his marriage proposal. He attacked the victim with a chopper, threw explosives at her house and set her kitchen on fire with petrol.
When the victim’s parents and brother came out of the house, the accused attacked them ruthlessly, thereby causing injuries to the family as well.
In the attack, the victim lost four fingers of her right hand. Fearing further attack, the victim left Kerala and now resides elsewhere.
The accused was arrested on June 28, 2022 and has been in jail since then. The trial is pending before the additional sessions court-III, Palakkad.
Therefore, he filed an application before the Kerala High Court seeking regular bail under Section 439 of the Code of Criminal Procedure, 1973.
What is the law applicable here?
The accused is charged with having committed offences under Sections 447 (criminal trespass), 341 (wrongful restraint), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 307 (attempt to murder), 436 (mischief by fire or explosive substance with intent to destroy house, etc) and 427 (mischief causing damage to the amount of fifty rupees) of the Indian Penal Code, read with Section 27 (punishment for using arms) of the Arms Act, 1959 and Section 9B(1)(b) (punishment for certain offences) of the Explosive Act, 1884.
Kerala High Court Order
In his Order, Justice Thomas states that any further detention of the accused person should not be permitted. However, the court acknowledged the concerns that the accused is a serious threat to the victim, took note of the nature of injuries inflicted by him and that he has a history of having absconded earlier.
The State had argued that the bail application must be rejected as the court had done the same on a similar case on an earlier occasion.
Taking note of these considerations, the court imposed strict bail conditions on the accused. The accused was asked to furnish a bond of ₹1,00,000 with two solvent sureties each for the like sum to the satisfaction of the trial court.
The accused person has been ordered to participate in the trial and appear before the trial court on every posting date. He has been prohibited from leaving Kerala until the conclusion of trial.
The accused person shall appear before the investigating officer on every alternative Sunday commencing from November 4, 2023, until the end of trial.
Lastly, the accused shall not intimate or attempt to influence or contact the witnesses nor shall he attempt to tamper with the evidence. He shall not commit any offence while he is on bail.
If any of the conditions are violated, the trial court is empowered to cancel the bail as per the high court’s Order.
