Prabhuraj @ Mulla vs State Of Kerala

Gopinath P, J

The petitioner is the 1st accused in Crime No.1553/2021 of Valiyamala Police Station in Thiruvananthapuram District alleging commission of offences under Sections 143, 147, 148, 149, 294 (b), 323, 324, 506 (ii), 354 & 308 of the Indian Penal Code and under Section3 & 5 of the Explosive Substances Act.

The learned counsel for the petitioner submit that the petitioner was denied bail by the learned Magistrate only on noticing that there were criminal antecedents as far as the petitioner is concerned. It is submitted that the case of the 2nd accused in Crime No.1553/2021 for regular bail was considered by this court through bail application No.8273/2021. It is submitted that the petitioner in this case was taken into custody on 25-09-2021 while the petitioner in B.A. No.8273/2021 was taken into custody on 28-09-2021. It is submitted that there are allegations of criminal antecedents even in respect of the 2nd accused. The learned counsel therefore prays that in the light of the fact that this court has already anted bail to the 2nd accused in B.A. No.8273/2021, the petitioner may also be released on bail in similar terms.

I have heard the learned Public Prosecutor also. Though the Public Prosecutor opposes the grant of bail, she fairly admits that this court by order dated 08-11-2021 in B.A. No.8273/2021 has granted bail to the 2nd accused. It is also submitted that the 2nd accused also had allegations of previous criminal antecedents against him.

Having regard to the facts and circumstance of the case and having regard to the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, I am inclined to grant bail to the petitioner subject to following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall appear before the investigating officer in Crime No.1553/2021 of Valiyamala Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.1553/2021 of Valiyamala Police Station;

(iv) The petitioner shall not enter the local limits of the Valiyamala Police Station where the de facto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1553/2021 of Valiyamala Police Station may file an application before the jurisdictional Court for cancellation of bail.