Nishad vs State Of Kerala

Ziyad Rahman A.A, J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

Petitioner is the sole accused in Crime No.448 of 2023 of Chalissery Police Station, Palakkad, which was registered under Section 15(4) r/w Section 19 of the Kerala Anti-Social Activities (Prevention) Act (KAAPA).

Allegation against the petitioner is that, on 08.06.2023 at 5.30 PM, the petitioner, in violation of the order dated 27.02.2023 issued under Section 15 of the KAAPA Act by the Deputy Inspector General of Police, Thrissur, entered the limits of Palakkad District. As per the aforesaid order the petitioner was prohibited from entering into the said District. The crime was registered in such circumstances and as part of the investigation the petitioner was arrested on 08.06.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri.Amrin Fathima, learned counsel for the petitioner and Smt.Sreeja V., learned Public Prosecutor for the State.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. According to him, he came to visit the mother, as she was critically ill and required urgent medical attention. Petitioner was compelled to enter into the District in such circumstances. Petitioner placed reliance upon Annexure-A2 document to substantiate the said contention. It is pointed out that, now the petitioner has been under judicial detention since 08.06.2023 and almost one month is over. Petitioner is ready and willing to cooperate with the investigation and he shall abide with any conditions that may be imposed by this Court.

On the other hand, the learned Public Prosecutor would oppose the bail application. The Public Prosecutor submits that the petitioner is a person who is involved in ten other cases and the proceedings under KAAPA was initiated in such circumstances. Since the petitioner violated the order passed under KAAPA the same has to be treated very seriously. The learned Public Prosecutor seeks for dismissal of the application.

I have gone through the materials. It is true that there are allegations against the petitioner and the petitioner is involved in other offences as well. But the fact remains that the petitioner is in custody since 08.06.2023. As far as the offence contemplated under Section 15(4) of the KAAPA is concerned, it is punishable with imprisonment for three years. Thus, taking note of the entire aspects of the case and the period of detention the petitioner had already undergone, I am inclined to allow this bail application. Accordingly, the petitioner is directed to be released on bail subject to following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of similar nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.