Fijo vs State Of Kerala

Bechu Kurian Thomas, J

his is an application seeking regular bail filed under section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the first accused in Crime No.1234 of 2020 of Viyyur Police Station, Thrissur, alleging offences punishable under Sections 143, 147, 148, 452, 294(b), 341, 323, 354, 354A, 427 and 506(ii) r/w Section 149 of the Indian Penal Code, 1860.

According to the prosecution, on 22.10.2022, the accused trespassed into the house of the defacto complainant and threatened her husband and also destroyed the bike kept at the place and outraged the modesty of the defacto complainant by tearing her dress.

Even though petitioner was granted bail on 05.07.2022, subsequently, due to his involvement in other cases, his bail was cancelled by order dated 05.07.2022. In the meantime, petitioner was detained by orders issued under the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short, 'the KAAPA Act') and the said period of detention expired on 05.11.2022. Thereafter, without noticing that petitioner's bail was cancelled on 05.07.2022, the jail authorities released him. However, on noticing the wrongful release, petitioner was arrested on 13.11.2022 and has been in custody since then.

Sri.Arun Kumar P., the learned counsel for the petitioner contended that the prosecution allegations are false and that the long period of detention already undergone by the petitioner clearly indicates that further detention is not essential. It was also submitted that petitioner is willing to abide by any condition that may be imposed.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that petitioner was released on 05.11.2022 after KAAPA detention expired without noticing that the bail earlier granted by the Sessions Court, Thrissur in Crime No.1234 of 2020 was cancelled. However, on noticing that the wrongful release, petitioner was taken into custody and if he is released on bail again, there is every chance that he may indulge in other crimes, considering his background.

I have considered the rival contentions.

Petitioner was under detention under the KAAPA Act till 05.11.2022 and thereafter from 13.11.2022 onwards. Considering that petitioner was initially granted bail in this crime, I am of the view that the continued detention of the petitioner is not essential. However, strict conditions are required to be imposed.

Accordingly, I allow this application 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 similar offences while he is on bail.

(e) Considering the criminal antecedents of the petitioner, he shall appear before the Investigating Officer at Viyyur Police Station on every alternate Saturdays between 10.00 a.m. and 11.00 a.m.

(f) 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.