Abhijith C. H vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner was imposed with an order of externment under Section 15(1) of the Kerala Anti-social Activities (Prevention) Act, 2007 (KAAPA Act). As per order dated 29.04.2023, petitioner was restrained from entering into the jurisdictional limits of District Police Chief, Alappuzha. The said order was challenged before the Advisory Board under the KAAPA Act in O.P.No.37/2023. By order dated 29.05.2023, the Advisory Board modified the order and reduced the period of externment from six months to four months. All other conditions imposed in the order of externment were kept intact. In violation of the order of externment, petitioner was found within the limits of Mannanchery Police Station on 01.06.2023 at around 12.15 P.M. and thus, Crime No.476/2023 of Mannancherry Police Station was registered alleging offences punishable under Section 15(4) of the KAAPA Act.

Sri.SreekanthS.Nair, learned Counsel for the petitioner submitted that the prosecution allegations are false. According to the learned Counsel, petitioner had, on receipt of the order of the Advisory Board, was his on his way to Mannancherry Police Station to hand over the said copy to the Mannancherry Police Station. It was at that juncture, he was arrested and a crime was registered. The learned Counsel further submitted that from 01.06.2023, petitioner has been in custody and considering the entire circumstances, further detention ought not to be permitted.

Smt.Sreeja.V., learned Public Prosecutor on the other hand opposed the grant of bail and submitted that, petitioner had acted in violation of the order of externment as modified by the Advisory Board and hence he was arrested for the offences under Section 15(4) of the KAAPA Act. It was further submitted that petitioner has violated the conditions of order of externment purposefully and with the knowledge that his conduct would amount to such a violation.

I have considered the rival contentions.

The order of the Advisory Board dated 29.05.2023, reduced the period of externment from six months to four months. The contention that petitioner was only attempting to hand over a copy of the order of externment to the Police by approaching them, cannot be completely brushed and it is noticed that the crime registered as FIR No.476/2023 before the S.H.O of the Mannancherry Poice Station has not even recorded the order of the Advisory Board modifying the conditions. This is indicative of the fact that the S.H.O. was unaware of such a modification. Viewed in the said perspective, I am satisfied that further detention ought not to be permitted.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall abide by the orders of the externment as modified by the Advisory Board.

(c) Petitioner shall appear before the Investigating Officer as and when required.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.