Joseph @ Omanakuttan vs State Of Kerala

K.Haripal, J

Petitioners are accused Nos. 2, 3 and 4 respectively in Crime No. 993/2019 of Punnapra Police Station which was initially registered alleging

offence under Section 57(1)A of the Kerala Police Act. Later offence under Sections 143, 147, 148, 323, 324, 326, 364, 118, 302 and 201 read with

149 of the Indian Penal Code were incorporated. The petitioners were arrested in August, 2019 and since then are in judicial custody. The case has

already been charged and trial is at midway. At that time, the mother of the deceased moved this Court with W.P.(C.) No. 11322/2021 and the trial

proceedings stands stayed by order dated 10.06.2021.

I heard the learned counsel on both sides.

The learned counsel for the petitioners has submitted that by virtue of Annexure 2 and 3 orders, accused Nos. 1 and 5 respectively have been

granted bail by this Court, taking into account the fact that the trial stands stayed by this Court.

The learned Public Prosecutor also submits that trial proceedings stands stayed by this Court.

In the circumstances, even though allegations against them are serious, petitioners who were arrested in August 2019 need not be put behind bars

indefinitely, pending the decision in W.P.(C.) No. 11322/2021. All other accused have been granted bail by this Court. Therefore, petitioners shall also

be released on bail on the following conditions:-

i) The petitioners shall execute bond for Rs.1,00,000/-(Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the trial court;

one of the sureties shall be a near relative of the petitioners;

ii) They shall surrender their passports within ten days from the date of release on bail before the trial court. If they do not possess passport, an undertaking shall be

filed to that effect;

iii) They shall not involve in any crime during the bail period;

iv) They shall not leave Alappuzha Revenue district, until the termination of the proceedings;

v) They shall be present before the trial court on all days of posting;

vi) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

The bail application is allowed as above.