Krishnadas M R vs State Of Kerala

P. G. Ajithkumar, J

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the 2nd accused in Crime No.173 of 1997 of Vadanappally Police Station. He allegedly had committed the offences punishable under Section 420 read with Section 34 of the IPC. The case was proceeded as C.C No.1372 of 1998. Since the petitioner absconded the case was to be transferred to the register of long pending cases. He was arrested on 16.04.2024. He has been under custody since the said date.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The trial court dismissed Crl.M.P No. 2354 of 2024 filed by the petitioner seeking bail as per the order dated 18.04.2024. The essential reason for dismissal is that the petitioner remained absconding from the process of the court for more than 25 years.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and circumstances of the case, I find that further detention of the petitioner is unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) During the bail period, he shall not get involved in any offence.

(iii) The petitioner shall surrender his passport before the trial court and if he does not have a passport, he shall submit an affidavit to that effect.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.