IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 Bail Appl..No. 5783 of 2010() ----------------------------------- (CRIME NO. 1380/2010 OF THE KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT) ............... PETITIONER(S)/ACCUSED ------------------------------- GANESH,AGED 30 YEARS, S/O.GOPALAKRISHNAN,KAVUNKALVEEDU, NORTHERN SIDE OF TALUK HEADQUARTERS HOSPITAL, KARUNAGAPPALLY,KOLLAM DISTRICT. BY ADVS. SRI.BECHU KURIAN THOMAS SMT.INDU SUSAN JACOB RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(THROUGH THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION,KOLLAM). BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5783 of 2010 ------------------------------------------------ Dated this the 27th day of September, 2010 ORDER The petitioner, who is the sole accused in Crime No.1380 of 2010 of Karunagappally Police Station for an offence punishable under Section 302 I.P.C. and who is alleged to have committed matricide, seeks his enlargement on bail. He was arrested on 11/09/2010. 2. The learned Public Prosecutor opposed the application contending inter alia as follows:- The petitioner had strangulated his mother to death for fear that his mother might revoke the 'Will' executed by her on 5/1/2002 bequeathing her only property to the petitioner since the cupid eyes of her brothers were on the said property. The statement of the autopsy Surgeon would indicate that if a person is not ambulant the constriction force on the neck will only be Bail Appln.No.5783/2010 : 2 : due to strangulation and injury Nos.2 & 3 with the internal defects suggested the application of soft ligature material. 3. Prima facie, I am of the view that the very motive put forward by the prosecution does not appear to be correct since in the year 2008 itself the deceased had cancelled the testamentary instrument and had settled the property in favour of the petitioner. If so, there was absolutely no need for the petitioner to engender a fear that his mother would revoke the 'Will' for the purpose of giving the property to her brothers. Annexure A-1 Postmortem Certificate also does not conclusively suggest the application of any ligature or consequent asphyxia to indicate that her death was due to strangulation. All the neck structure including bones, cartilages and soft tissues were found intact and normal. The remand report (Annexure A5) would indicate that the Bail Appln.No.5783/2010 : 3 : deceased was suffering from Schizophrenia and Parkinsons disease. The depletion of oxygen to her brain could not necessarily be due to any act of throttling and it will be too early to conclude that the petitioner had intentionally or knowingly caused her death. The real cause of her death will have to be considered during trial. 4. After considering the rival contentions and after perusing the records I do not think that the continued detention of the petitioner beyond 8/10/2010 is warranted in this case. Accordingly, the petitioner is directed to be released on bail with effect from 08/10/2010 on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally and subject to the following conditions: Bail Appln.No.5783/2010 : 4 : 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. skj