Justin 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.997 of 2020 of Wadakkanchery Police Station, which is now pending as S.C.No.859/2022 on the files of the II Additional Assistant Sessions Court, Thrissur, alleging offences punishable under Section 436 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 19-10-2020 the 2nd accused set fire to two motorbikes and two auto-rickshaws parked in the courtyard of the defacto complainant causing a loss of Rs.1,00,000/- and thereby committed the offences alleged.

Sri. P.A.Ismail, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that the 1st accused has already been granted bail and he is at liberty, while the petitioner continues to remain in jail and therefore considering the period of detention already undergone, the bail ought to be granted.

Smt. T.V.Meena, the learned Public Prosecutor submitted that petitioner was initially granted bail in Crime No.997/2020 of Wadakkanchery Police Station. Subsequently, when he was involved in in another crime, the bail granted to him was cancelled for violation of the bail condition and he was remanded to judicial custody on 22-03-2023. It was further submitted by the learned Public Prosecutor that petitioner has eight other criminal cases registered against him and therefore, considering his criminal antecedents, the petitioner ought not to be released on bail.

I have considered the rival contentions.

Petitioner is alleged to have, along with the 1st accused, committed a serious offence under Section 436 of IPC. Even though he was granted bail initially, subsequently, due to the commission of another crime, bail granted was cancelled. He has thus been in custody since 22-03-2023. Having regard to the period of detention already undergone from 22-03-2023 onwards, I am of the view that the continued detention is not essential for the purpose of the case. However, due to the criminal antecedents alleged against the petitioner, strict conditions ought to be imposed.

In the result, this application is allowed 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 other offences while he is on bail.

(e) Petitioner shall not leave the State of Kerala until conclusion of trial.

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.