Jobin vs State Of Kerala

Petitioner is the accused No.7 in Crime No.993 of 2019 of Punnapra Police Station. The offences alleged are under Sections 143, 147, 148, 323, 324, 326, 118, 302 and 201 read with Section 149 of the Indian Penal Code. The petitioner was arrested on 27.08.2019 and has been in custody. He seeks bail.

Learned Public Prosecutor has opposed the application. It is submitted that investigation was completed and final report was also filed and later committed to the Sessions Court and numbered as S.C.No.1/2020 before the Additional Sessions court - II, Alappuzha. It is submitted that the trial is scheduled to commence on 12.04.2021.

The learned Counsel for the petitioner Sri.B.Pramod referring to Annexure A3 order dated 09.03.2021 in B.A.No.9038 of 2020 of this Court submits that the 6th accused in the same crime was granted Regular Bail by this Court, after taking note of the fact that there are more than 100 witnesses to be examined and it may be practically difficult to expedite the trial of the case. It was pointed out that the 6th accused and the 7th accused practically stands in the same situation on the basis of the allegations and that since the 6th accused has already been granted bail, petitioner should also be considered for grant of Regular Bail.

Considering the nature of the allegations against the petitioner and also reckoning the fact that the 6th accused has already been enlarged on bail by this Court, I am of the view that the petitioner can be enlarged on bail on strict conditions. The prosecution case that it was accused 1 to 4 who had inflicted the fatal injuries is also borne in mind in arriving the conclusion to grant bail. The role of the 7th accused is limited in nature and I am of the opinion that the petitioner is entitled to be granted bail in spite of the fact that the trial is scheduled to commence soon.

Accordingly, this bail application is allowed. Petitioner who is the 7th accused in Crime No.993 of 2019 of Punnapra Police Station shall be released (if not required to be detained otherwise) 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 jurisdictional Magistate and subject to the following other conditions:

(a). He shall appear before the Investigating Officer as and when called for.

(b). He shall not enter the Alappuzha District for a period of 6 months except for the purpose of the trial.

(c). He shall not intimidate or influence witnesses and tamper with evidence.

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

(e). In case any of the condition nos.(a) to (d) are violated, it is open to the investigating officer to file application before the court concerned for cancellation of the bail granted hereby.