Maneesh vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioners in this bail application are stated to be accused Nos.9, 10 and 17 in Crime No.621/2021 of Mannanchery police station, Alappuzha

district, alleging commission of offences under Sections 143, 147, 148, 324, 302, 212, 120(B) r/w. Section 149 of the Indian Penal Code.

Learned Public Prosecutor submits that the array of accused has been rearranged and the petitioners are now accused Nos.13, 14 and 17

respectively.

Crime No.621/2021 of Mannanchery police station came to be registered on account of the murder of one Shan, who is stated to be a worker of a

political organization known as ‘SDPI’. The murder of the aforesaid Shan is alleged to have been carried out by accused Nos.2 to 6. In so far

as the 1st petitioner (accused No.13) is concerned, the allegation against him is that when accused Nos.2 to 6 reached the place near Pullankulam

near Areeparampu in a car, the 1st petitioner/13th accused, reached there in a motor cycle and guided the 2nd accused who was the driver of the car

to Kanichukulangara and after abandoning the car there, he picked up the 2nd accused on his motor cycle and returned to Pullukulam . It is also

alleged that he arranged food for accused Nos.2 to 6 and thereafter, on 19.12.2021, accused Nos.2 to 6 escaped from that place in an ambulance.

Allegation against the 2nd petitioner (accused No.14) is that, he contacted one of the main accused in the case through phone and he waited at a place

called Areeparambu and guided the accused to Pullukulam and facilitated harbouring of the 1st accused at that place. Allegation against the 3rd

petitioner (accused No.17) is that, he arranged shelter for two of the main supporters of the crime and allowed them to stay in Aluva from 19.12.2021

to 21.12.2021 and also helped one of the main accused to contact others by allowing the use of his mobile hot spot.

Sri. P Vijaya Bhanu, the learned Senior counsel appearing on the instructions of Ms. Sruthi N. Bhat, learned counsel appearing for the petitioners,

would submit that the only offence alleged against the petitioners is that under Section 212 of the Indian Penal Code, which is a bailable offence. He

refers to the fact that in respect of one other accused in this case, this Court had through order dated 13.01.2022 in Bail application No.144 of 2022

granted bail on the ground that the petitioners in that application were also persons against whom the only allegation is that of an offence under Section

212 of the Indian Penal Code. It is also submitted that going by the judgment of the Hon’ble Supreme Court in Rasiklal V. Kishore [2009(4) SCC

446] persons accused of bailable offences have a right to be released on bail and they cannot be detained in custody, if they are ready to offer bail.

I have heard the learned Public Prosecutor also. Learned Public Prosecutor would reiterate the arguments raised before me while I considered Bail

Application No.144/2022.

After considering the fact that the petitioners in Bail Application No.144/2022 were accused only of bailable offences, taking note of the

submissions of the learned Public Prosecutor, I had imposed certain conditions while granting bail. Though the learned Senior counsel is quick to point

out that conditions are normally not imposed while granting bail in respect of bailable offences, considering the peculiar facts of the present case, I am

inclined to impose the same conditions that I imposed while granting bail to the petitioners in Bail Application No.144/2022. Accordingly, this

application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(1) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction of the

Jurisdictional Court;

(2) Petitioners shall report before the investigating officer in Crime No.621 of 2021 of Mannanchery Police Station, Alappuzha District, as and when called upon to do

so;

(3) Petitioners shall not enter the Alappuzha District, except for the purpose of complying with any instruction issued by the investigating officer in Crime No.621 of

2021 of Mannanchery Police Station, Alappuzha District;

(4) Petitioners shall not attempt to or to influence or intimidate any witness in Crime No.621 of 2021 of Mannanchery Police Station, Alappuzha District;

(5) Petitioners shall surrender their passport before the Jurisdictional Magistrate. If they or anyone among them do not have a passport an affidavit shall be executed

to that effect and filed before the said court within seven days of release on bail;

(6) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.621 of 2021 of Mannanchery Police Station, Alappuzha District,

may file an application before the Jurisdictional Court for cancellation of bail.