Pranav Suresh vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail, filed under Section 439 of the Code of Criminal Procedure and the petitioner is the 1st accused in Crime No.2031/2022 of Thrikkodithanam Police Station, Kottayam.

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

The prosecution case is that, at 11 p.m. on 25.11.2022, the petitioner, who is the 1st accused in the above crime, along with other accused, uttered obscene words against the de facto complainant and his brother. The further allegation is that they attacked the brother of the de facto complainant. While so, the petitioner herein started his car and driven the same against the de facto complainant with intention to do away him. In consequence thereof, the de facto complainant was thrown away and he sustained very serious injuries, though he survived. This is the base, on which the prosecution alleges commission of offences under Sections 294(b), 323, 308, 326 and Section 34 of the Indian Penal Code.

While pressing for regular bail to the petitioner, the learned counsel for the petitioner submitted that the petitioner is innocent. According to him, the petitioner was arrested on 26.11.2022 and final report also was filed and now, the case has been pending as C.P.81/2022 before the Judicial First Class Magistrate Court-I, Changanassery. It is further submitted by the learned counsel for the petitioner submitted that the petitioner deserves bail, taking note of his prolonged custody.

The learned Public Prosecutor zealously opposed grant of bail to the petitioner, who is a habitual offender, having involvement in 6 cases of serious nature, apart from the present crime. It is also submitted by the learned Public Prosecutor that, even though this Court granted bail to this petitioner in this case by imposing conditions, in violation of condition No.V imposed in the bail order, the accused involved in another crime of serious nature and thereby, his bail was cancelled by this Court.

On perusal of the history of the case, it is discernible that the accused, who has involvement in 6 crimes earlier, was released on bail as per Annexure A2 order, with specific condition, not to involve in any other crime, as condition No.V. But, the accused in violation of the condition imposed by this Court, involved in Crime No.128/2023 of Pulikeezhu Police Station, for the offences punishable under Sections 354(D) and 506(i) of the I.P.C. and for this reason, his bail was cancelled. Thus, in this matter, the petitioner, who has involvement in 6 crimes earlier, was released on bail, on condition not to involve in any other offence, again involved in another crime and thereby, his bail was cancelled and has been detained in custody.

In view of the matter, it has to be held that the petitioner to be tried, keeping him in custody and there is no reason to release him on bail, so as to repeat crimes.

Therefore, this petition is found to be meritless and is dismissed.