Kerala High Court Grants Bail To Man Booked Under Explosives Act For Attacking Woman Who Rejected Marriage Proposal, Cites Prolonged Incarceration

“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 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.”

The allegation was that the accused attacked the victim on April 15, 2022 for rejecting his marriage proposal. It was alleged that the accused attacked the victim with a chopper, explosives and petrol and even destroyed the window glasses and set fire to the kitchen by pouring petrol. The accused also allegedly attacked the victim’s family who came to rescue her. In the attack, the victim lost her four fingers.

The accused was charged under offences punishable under Sections 447 (punishment for criminal trespass), 341 (punishment for criminal restraint), 326 (causing grievous hurt), 307 (attempt to murder), 436 (mischief by fire or explosives) and 427 (punishment for mischief for damage above fifty rupees) of IPC and provisions under the Arms Act, 1959 and the Explosives Act, 1884.

The Counsel for the accused, Advocate V.A. Johnson contended that he was in custody since June 28, 2022 and should be granted bail as he has already undergone long period of detention.

On the other hand, the Senior Public Prosecutor K.Amminikutty opposed the bail application and stated that previous bail applications of the accused was rejected because he was a serious threat to the victim and also based on the nature of the injuries inflicted upon the victim. It was also argued that the accused might abscond if bail was granted as he has absconded earlier.

The Court noted that the accused attacked the victim and inflicted serious injuries upon her for rejecting his marriage proposal. The Court also took note of the fact that the victim has even left Kerala and was residing at some other place due to fear of the accused.

The Court stated that the accused was in jail since June 28, 2022 and has already undergone long period of detention. The Court held that further detention of the accused would result in conviction without trial. On the above observations, the Court allowed the bail application of the accused and imposed stringent bail conditions including a warning not to intimidate or threaten the victim. The Court also noted that if the accused violates any bail conditions, the Trial Court can consider application for cancellation of bail.

“…….e) Petitioner shall not intimidate or attempt to influence or contact the witnesses; nor shall he attempt to tamper with the evidence.

f) Petitioner shall not commit any offence while he is on bail.”

Citation: 2023 LiveLaw (Ker) 598

Case title: Mukesh v State of Kerala

Case number: BAIL APPL. NO. 8308 OF 2023

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