Kerala High Court Grants Interim Bail To Murder Accused To Visit His Ailing Mother

The Kerala High Court recently granted interim bail to a murder accused to enable him to visit his ailing mother and consult his lawyer. 

Justice P.V Kunhikrishnan noted that the petitioner is already serving a prison sentence in another case, while granting one week of interim bail to him. 

"It is an admitted fact that the petitioner is convicted in another case and is undergoing imprisonment. It is also submitted that the petitioner will get parole if one week bail is granted in this case. I do not want to make any observation about the same. Considering the facts and circumstances of the case, I think one week bail can be granted to the petitioner. The local police is free to make surveillance as far as the petitioner is concerned for one week," said the bench.

The petitioner is an accused in a case pending before the Special Court under the POCSO Act cases and has been in judicial custody since March 2019. He has been chargesheeted in a case under Sections 294(b) (obscene songs in public), 326 (voluntarily causing grievous hurt with dangerous weapons), 506(i) (criminal intimidation), 302 (murder) of IPC and Section 75 of the Juvenile Justice Act among others.

Advocate V. Vijitha appearing for the petitioner submitted that the bail application was filed so that he could meet his mother suffering from a serious illness and his lawyer for the conduct of the case. Public Prosecutor Maya M appeared for the State in the matter. 

When the petitioner had initially approached the court with a bail application, the High Court had permitted him to seek interim bail before the lower court. However, by a detailed order, the trial court dismissed the bail application.  

When the matter came up before the Single Judge again, the petitioner submitted that he would be satisfied if an interim bail is granted for one week.

Case Title: X v. State of Kerala

Citation: 2023 LiveLaw (Ker) 331

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