Arun @Anthappan Arun vs State Of Kerala And Ors

Application for regular bail under Section 439 Cr.P.C.

The applicant is the first accused in Crime No.163/2020 of Kayamkulam Police Station, Alappuzha. He was originally arrayed as accused No.4, for having allegedly committed offences punishable under Sections 143, 147, 148, 324, 326, 341, 427 and 307 r/w Section 149 of the IPC and Section 5(a) r/w Section 27(1) of the Arms Act.

The prosecution case, in brief, is that on 23.01.2020 at about 5.30 p.m, the applicant together with nine others formed an unlawful assembly, and in prosecution of the common object of the said unlawful assembly, attempted to murder the de facto complainant due to political rivalry, they wrongfully restrained the defacto complainant and committed riot armed with deadly weapons like sword, knife and rod etc. and the applicant allegedly stabbed the de facto complainant on his left side of his buttocks causing a stab injury, which could have proved fatal. Thus, he committed the offence.

The applicant states that he is innocent and the allegations are not true. He has been implicated solely for political reasons. He had approached this Court for anticipatory bail by filing BA No.942/2020, and the same was disposed by this Court directing him to surrender before the investigating officer and apply for regular bail. Accordingly, the applicant surrendered on 26.02.2021. He was arrested and remanded to judicial custody. His bail application was rejected by the jurisdictional court and hence he has approached this Court for indulgence. He has been in custody since 26.02.2021. The applicant states that the investigation has progressed well and the recovery is also completed. Therefore, no purpose would be served by detaining the applicant any longer. Hence he may be released on bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that the applicant has criminal history. He is involved in eight other crimes during the period 2015 to 2019. Therefore, in case he is released on bail, there is every possibility of his getting involved in offences of similar nature. Therefore, the application for bail is vehemently opposed by the learned Public Prosecutor.

The learned counsel appearing for the applicant submits that from out of the eight crimes, in which he has been implicated as accused, only one of the crimes is grave for an offence punishable under Section 307 of the IPC. All the rest of the crimes are for minor offences and he has been released on bail in all those cases. He is willing to abide by any condition that may be imposed. It is stated that he was implicated in so many crimes because of his political activities. He is a law abiding citizen and may not flee from justice and therefore there is no purpose in detaining him any longer.

After having heard the submissions on both sides, I find that the applicant has been in custody since 26.02.2021, recovery is completed, his custodial interrogation is also over and therefore, no purpose would be served by his detention. It is true that the applicant is involved in other crimes, but that alone is not a reason to reject his bail application. Only one crime under Section 307 IPC is of grave nature.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

(1) He shall appear before the investigating officer on all Saturdays between 9 a.m and 12 noon for a period of two months or till filing of the final report whichever is earlier.

(2) He shall not attempt to influence or intimidate the witnesses.

(3) He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.