Gireesh vs State Of Kerala

M.R.Anitha, J

Petitioner is the sole accused in Crime No. 662/2021 of Kalloorkkad Police Station.

It is alleged that on 16.07.2021 at about 10.30 a.m, the petitioner/accused trespassed into the residential house of the defacto complainant at

Kalloorkkad and robbed gold ornaments worth Rs.3,50,000/- after assaulting and intimidating the defacto complainant and his wife. During that course,

he alleged to have slashed at the hand of wife of defacto complainant with a knife and Mobile Phone worth Rs.15,000/- and cash of Rs.1800/- were

also robbed. It is further alleged that he gagged her and forcibly pushed her down, when she resisted rubbed her face on the floor and intimidated to

do away with her and thereby committed the offences punishable under Sections 450, 506(ii), 397, 341, 324 and 461 of IPC.

According to the learned counsel for the petitioner, the petitioner has been under confinement for more than six months. He is not involved in any

other crime and his wife delivered a child and the baby is two months old. Charge sheet has already been filed and hence continued confinement of

the petitioner is not necessary. Hence he seeks for granting bail to the petitioner.

The learned Public Prosecutor on the other hand filed report of the SHO along with the copy of the FIR and FIS and the wound certificate of the

defacto complainant. It is contended that the defacto complainant and the wife are senior citizens and the release of the petitioner would be a real

threat to their life since their children are at abroad and these old couples are living alone in the house.

This is the second application for bail by the petitioner before this Court. The earlier application filed by the petitioner was dismissed taking into the

serious nature of the offences committed by the petitioner during broad daylight. However, report filed by the investigating officer would not reveal

that the petitioner is involved in any other crime. His wife also said to have delivered a new baby who is two months old. The investigation is also over

and Final Report also has been filed. At the time of considering the earlier application for bail by the petitioner before this Court there was submission

from the Prosecutor that the petitioner was not shown and got identified by the defacto complainant. Now that procedure is also over. So in view of

the period of confinement for more than six months already undergone by him and further that he is not involved in any other crime and also that the

charge sheet has already been filed, I am of the view that bail can be granted to the petitioner/accused on the following stringent conditions:

i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the like sum each to the

satisfaction of the court having jurisdiction.

ii) The petitioner shall not leave the State of Kerala and shall not enter into the Taluk where the defacto complainant and family resides, until further orders.

iii) Petitioner shall surrender his passport before the trial court within ten days from the date of his release on bail and in case he does not have any passport, he shall

file an affidavit to that effect.

iv) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

v) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the Assistant Sessions Court is empowered to cancel the bail in accordance with the law.