06 June 2024 Bail and Antcipatory Bail >> Criminal Law   |   Murder Homicide >> Criminal Law  

Three relatives were charged with murder and assault in Thiruvananthapuram, India. The deceased's wife (Accused 1), stepson (Accused 2), and daughter (Accused 3) were arrested for allegedly beating the deceased to death with a hoe handle.

While the court denied bail to Accused 1 and 2 due to the seriousness of the charges and a strong prosecution case that included a dying declaration from the deceased and a post-mortem report, Accused 3, the daughter of the deceased, was granted bail with strict conditions. The court's reasoning behind granting bail to Accused 3 centered on the lack of specific accusations against her and her gender. The prosecution apparently did not have the same level of evidence to connect her directly to the assault that led to the death.

Accused 1 and 2 Remain in Custody:

The order highlights the importance of a strong prosecution case in securing pre-trial detention. The court's decision to deny bail to Accused 1 and 2 reflects the weight given to the dying declaration and post-mortem report, which likely established a clear connection between their actions and the death of the victim.

Strict Conditions for Released Daughter:

Accused 3's bail includes strict conditions such as regular reporting to the investigating officer, refraining from tampering with evidence or witnesses, and not committing further offenses. Additionally, she must surrender her passport, if any. These conditions aim to ensure her availability for trial while mitigating potential risks associated with her release. It's important to remember that this order solely addresses the bail application and does not determine guilt or innocence. The final verdict will be reached through a full trial where both sides have the opportunity to present evidence and arguments.

  Code of Criminal Procedure, 1973