Binesh vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 12th accused in Crime No. 1225/2022 of Anthikkad Police Station, Thrissur, alleging offences punishable under Sections 341, 324, 326, 302, 120(B), 392, 506(ii), 212, 109 and 201 r/w Section 34 of the Indian Penal Code 1860 apart from Section 27 of Arms Act.

According to the prosecution, on 14.08.2020, the accused hatched a conspiracy to cause the death of Sri. Nidhil in retaliation to the murder of a person by name Sri. Adarsh. Thereafter, the accused 1 to 6 caused the death of the said Sri. Nidhil on 10.10.2020, when the deceased was on his way to comply with the conditions of bail and the accused thus committed the offences alleged.

Sri. P.K Varghese, the learned counsel for the petitioner contended that petitioner was arrested on 09.11.2020 and that he has been in custody since then. It was also alleged that the petitioner has been roped in as an accused on the basis of an alleged conspiracy, for which no materials have been collected as evidence. It was further submitted that, considering the long period of detention already undergone and also considering the remote chances of an immediate trial, the petitioner ought to be released on bail.

Smt. T.V. Neema, the learned Public Prosecutor, on the other hand, opposed the grant of bail and submitted that this Court on 03.03.2021, rejected the bail application of the petitioner after taking into account his criminal antecedents and also the nature of his involvement in the conspiracy to commit murder of the deceased. It was further submitted that in any case the petitioner involved himself in a new Crime No. 241/2023 by attacking the jail officers and therefore, he ought not to be released on bail.

I have considered the rival contentions and also perused the documents including the bail order dated 03.03.2021 in BA. No. 1833/2021.

The petitioner was arrested on 09.11.2020 and he has been in custody since then. The trial of the case has not yet commenced and there is also admittedly, no possibility of an immediate trial. The nature of allegation against the petitioner revealed that he is alleged to be part of the conspiracy to commit the murder of the deceased Sri. Nidhil. No other overt acts have been alleged against the petitioner. Even though, the 2nd accused in Crime No. 241/2023 haved allegedly attacked the jail officers , I am of the view that considering the long period of detention already undergone by the petitioner, coupled with the nature of allegations, it is only appropriate that further detention be avoided, lest the petitioner be in a stage of being punished without conviction.

Accordingly, 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 co-operate with the trial of the case.

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

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

(e) Petitioner shall not leave the state of Kerala without the permission of the jurisdictional Court.

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.