Further Detention Would Amount To Conviction Without Trial: Kerala HC While Granting Bail To Man Who Used Explosives Against Woman Who Rejected His Marriage Proposal

Even though the petitioner/ accused has been in jail and the allegations are serious in nature and the accused has a history of having absconded earlier, the Kerala High Court granted bail to an accused who allegedly attacked a woman for rejecting his marriage proposal.

The High Court did so while considering the long period of detention already undergone, and that further detention would amount to conviction without trial.

A single Judge Bench of Justice Bechu Kurian Thomas observed that “Petitioner was arrested on 28.06.2022 and has been in jail since then. 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 a conviction without trial. Since, it is submitted that, the case is already pending before the Sessions Court and is posted for hearing of the charge on 15.11.2023, I am of the view that further detention ought not to be permitted.”

Advocate V. A. Johnson appeared for the Petitioner/Accused whereas Advocate K. Amminikutty appeared for the Respondent/Complainant.

The brief facts of the case were that the accused, due to an enmity for rejecting his marriage proposal by the victim, attacked her with a chopper, explosives and petrol and even destroyed the window glasses and set fire to the kitchen by pouring petrol. When parents and brother of the victim came out of the house, the accused attacked them ruthlessly, causing injuries. In the attack, the victim lost four fingers of her right hand and the accused thereby committed the offences punishable under Sections 447, 341, 326, 307, 436 and 427 of the Indian Penal Code, 1860, apart from Section 27 of the Arms Act, 1959 and Section 9B(1)(b) of the of the Explosives Act, 1884.

After considering the submission, the Bench noted that the accused attacked the victim due to the refusal of marriage proposal and had inflicted serious injuries on her.

The Bench also noted that fearing further attack from the accused, the victim was alleged to have even left Kerala and is residing at some other place.

However, finding that the accused had already undergone a long period of detention and further detention would amount to conviction without trial, the Bench pointed that since the case is already pending in Session Court, the accused is not allowed to leave Kerala until the conclusion of the trial.

Hence, the High Court allowed the bail and directed the accused to appear before the Investigating Officer until the conclusion of trial and not to intimidate or attempt to influence the witnesses and tamper with the evidence.

Cause Title: Mukesh v. State of Kerala and Anr. [Neutral Citation: 2023: KER: 64846]

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