Devan vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 2nd accused in Crime No. 1052 of 2018 of Ollur Police Station, Thrissur District alleging offences punishable under Sections 308, 109, 212 and 120B read with Section 34 of the Indian Penal Code, 1860, apart from Section 3(A), 5 of the Explosive Substances Act, 1908.

According to the prosecution, on 30.11.2018 at 9.05 p.m., the accused in the case who are 15 in number formed themselves into an unlawful assembly and attacked the defacto complainant at a street near the house and pelted a country bomb and thereby committed the offences alleged.

Petitioner was arrested in the said crime on 03.12.2018 and was later released on bail vide order dated 06.03.2019. In the meantime, the petitioner violated the bail conditions by involving in 4 other crimes and therefore, at the behest of the investigating Officer the bail granted to the petitioner was cancelled vide order dated 21.01.2022.

Sri. V.A. Johnson, the learned counsel for the petitioner contended that, the entire prosecution case is false and that petitioner has been wrongly implicated as an accused in subsequent crimes, solely for the purpose of wreaking vengeance. The learned counsel also submitted that, petitioner is willing to abide by any conditions and he is innocent of the allegations.

The learned Public Prosecutor opposed the grant of bail and submitted that, after granting bail in Crime No. 1052/2018 of Ollur police station, petitioner became involved as an accused in 4 other crimes. It was further submitted that petitioner committed 2 crimes in 2021, 3 crimes in 2020 and 2 other crimes in 2018. The learned Public Prosecutor also submitted that, petitioner has been detained under the Kerala Anti-social Activities (Prevention) Act, 2007 (KAAPA) by order dated 25.04.2022 for a period of one year and thus his antecedents should weigh against his release.

I have considered the rival contentions and also perused the documents. .

Though the petitioner had violated the conditions of the bail, considering the entire circumstances and also the period of detention already undergone, I am of the view that the continued detention is not required. Therefore, the petitioner is entitled to be released on bail.

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

(a) The petitioner shall be released on bail on his 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) The petitioner shall co-operate with the trial of the case.

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

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) The petitioner shall not leave the country 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.