Anilkumar vs State Of Kerala

P.G. Ajithkumar, J

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

The petitioner is the 2nd accused in Crime No.1491 of 2020 of Koratty Police Station, Thrissur registered alleging commission of offences punishable under Sections 302 and 34 of the Indian Penal Code, which is now pending as S.C.No.822 of 2021 on the file of the Additional Sessions Court, Irinjalakkuda.

The prosecution allegation is that, on 18.11.2020, the petitioner and the 1st accused went to a toddy shop along with the deceased. At the toddy shop the accused had a fight with the deceased with regard to an allegation that he had stolen the mobile phone. He was assaulted inside the toddy shop. The Manager of the toddy shop asked them to leave the toddy shop. Accordingly, they went from the toddy shop and after a few hours three of them came back to the toddy shop and consumed toddy. Then again they had a fight with regard to the allegation of stealing the mobile phone of the accused. As per the allegation, accused persons assaulted the deceased and after that they went along with the deceased. In the next morning the body of the deceased was found beside the road and on further investigation the involvement of accused persons in the crime was revealed.

The learned counsel appearing for the petitioner submitted that the petitioner was arrested on 20.11.2020 and he is in custody since then and that the charge sheet is already laid and further detention of the petitioner is not required. Though in Annexure-A2 bail order dated 17.02.2021 there is a direction to the trial court to expedite the trial of the case since the charge sheet has already been laid as on that day, petitioner submits that till date the trial has not commenced.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the murder has been done in a very brutal manner and further that the petitioner is involved in nine other cases. To which the learned counsel for the petitioner would submit that in most of the cases petitioner has been acquitted.

As per the order dated 12.07.2023, the petitioner was granted interim bail for a period of two weeks from 10.07.2023, subject to a few conditions. The petitioner was directed to report back before the learned Additional Sessions Judge, Irinjalakuda on 26.07.2023, on expiry of the period of interim bail. In compliance with that order, he surrendered before the learned Additional Sessions Judge on 26.07.2023. The learned Public Prosecutor would submit that during the period when he was on bail he did not involve in any offence or violate the conditions in the interim bail order.

Considering the fact that the petitioner has been in judicial custody since 20.11.2020 and charge in the sessions case is yet to be framed, it may not be appropriate to detain him in judicial custody further. It is also relevant to note that during the period he was on interim bail, he did not involve in any criminal act.

In such circumstances, I am inclined to grant bail to the petitioner, but only on stringent conditions. The petitioner shall be released on bail on the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court;

(ii) He shall appear before the investigating officer in Crime No.1491 of 2020 of Koratty Police Station, Thrissur on all second Saturdays at 11.00 a.m. till the completion of trial; (iii) He shall appear before the trial court on all posting dates without fail, except specifically exempted by the trial court;

(iv) He shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court;

(v) He shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) He shall not attempt to interfere with the investigation or to influence any witness in Crime No.1491 of 2020 of Koratty Police Station, Thrissur; and

(vi) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer  in Crime No.1491  of 2020  of  Koratty Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail.