Anumon A.B 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  is  the  1st   accused  in  Crime  No.60/2022  of Kanjirapplly Police Station, Kottayam District. The offences alleged against the petitioner are under Sections 452, 323, 324, 427, 506 r/w

By order dated 19.02.2022, petitioner was granted bail in the above crime. However, subsequently, petitioner was arrayed as an accused in another Crime No.439/2022 of Erumeli Police Station and therefore, an application was filed for cancellation of bail in Crime No. 60/2022 of Kanjirappally Police Station. The learned Judicial First Class Magistrate, Kanjirappally, by order dated 06.08.2022, cancelled the bail granted to the petitioner after finding that the conditions imposed while granting bail was violated. Petitioner was consequently arrested on 20.08.2022 and has been in detention since then.

The prosecution allegation is that petitioner had on 19.01.2022 along with two other accused tresspassed into the house of the defacto complainant and manhandled her and her brother. Though the final report was filed on 30.04.2022, and the case is now pending consideration as CC No.501/2022 on the files of the Judicial First Class Magistrate Court-I, Kanjirappally, petitioner having violated the conditions for grant of bail, was taken into custody after cancellation, on the date earlier mentioned.

Sri.Sijo Joseph, learned Counsel for the petitioner contended that the prosecution allegations are false and the petitioner has not violated any of the conditions for grant of bail. It was also submitted that petitioner is falsely arrayed as an accused in various cases without any basis and having regard to the period of detention already undergone, after cancelllation of bail, petitioner ought to be released on bail.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and contended that petitioner is involved in Crime Nos.500/2016 & 247/2018, both of Erumeli Police Station, apart from Crime No.226/2019 & 60/2022 (which is the present case) both of Kanjirappally Police Station and also in Crime No.439/2022, of Erumeli Police Station. It was submitted that proceedings under Section 107 of Cr.PC has already been initiated against him and also that requisition has been given for initiating proceedings of preventive detention under the Kerala Anti-social Activities (Prevention) Act (KAAPA). Learned Public Prosecutor also submitted that releasing the petitioner on bail would cause prejudice, and that there is every possibility of him involving in further crimes.

I have considered the rival contentions.

Though the petitioner was involved in three earlier crimes in the year 2016, 2018 and 2019, the Court had granted bail to him in Crime No.60/2022. Subsequent to the grant of bail, he once again involved in another crime as Crime No.439/2022 of Erumeli Police Station. Therefore, petitioner is in the habit of involving himself in various crimes. It is also noticed that proceedings under KAAPA has been initiated, as submitted by the learned Public Prosecutor, apart from proceedings for keeping peace and good behavior under Section 107 of the Cr.PC. However, since the petitioner’s bail was cancelled on 06.08.2022, and he has been in custody from 20.08.2022, I am of the view that further detention of the petitioner in the present crime is not necessary.

Accordingly, this application is allowed on the following conditions:-

a) Petitioner shall be released on bail on him executing 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 appear before the Investigating Officer, every alternative saturdays, for a period of three months from today and shall also appear before the Investigating Officer as and when required..

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

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

(e) 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.