Rahul Sam vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioners are accused Nos.1, 2 and 4 in crime No.149/2023 of Elavumthitta Police Station, Pathanamthitta.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.

The specific allegation of the prosecution is that, when the Sub Inspector of Police of Elavumthitta Police Station (defacto complainant) was on patrol duty along with his subordinate officers on 20.03.2023, they were informed about hazards at the instance of the accused in this crime at the work site of DH Construction Company. Accordingly, the Police team reached the place to restrain the above illegal activities. Then, the accused herein attacked the defacto complainant and one Mr. Arun, a Civil Police Officer, after obstructing their official duty and the CPO sustained injuries in this occurrence. On the said premise, the prosecution alleges commission of offences punishable under Sections 143, 147, 294(b), 341, 323, 324, 332 r/w 149 of IPC.

The learned counsel for the petitioners would submit that, the petitioners are innocent and the FIR in this crime was registered at a much belated stage and therefore the allegations are prima facie not believable. He also pointed out the custody of the petitioners from 20.03.2023 and the progress of investigation, while canvasing regular bail to the petitioners.

The learned Public Prosecutor placed relevant documents including detailed report of the Investigating Officer. He zealously opposed grant of bail to the petitioners. But he would concede that, the 2nd petitioner/2nd accused is a first time offender and accused Nos. 3 and 5 were released on bail by the trial court. The learned Public Prosecutor very strongly opposed release of the 3rd petitioner/4th accused who is having criminal antecedents by involving in ten crimes. The learned Public Prosecutor also pointed out the fact that the 3rd petitioner/4th accused was booked under Kerala Anti-Social Activities Prevention Act and he had committed this crime immediately on release after his detention under KAAPA.

The learned counsel for the petitioners pressed for grant of regular bail to the 3rd petitioner/4th accused also on the submission that, his involvement in KAAPA proceedings found to be not legal at a later point of time and therefore the same is not a reason to deny bail to him.

On perusal of the available materials the allegations are very serious and the involvement of the petitioners in this crime is well made out. In so far as the 3rd petitioner/4th accused is concerned, he has involvement in the following crimes:

Elavumthitta Police Station crime No. 272/2021 U/s 294(b), 341, 323, 325, 34 IPC & 3(1)(r)(s), 3(2) V(a) of SC/ST Act

Elavumthitta Police Station crime No. 61/2021 U/s 447, 427, 294(b), 506(i) & 34 IPC.

Elavumthitta Police Station crime No. 34/2020 U/s 451, 323, 294(b), 506(i) & 34 IPC.

Elavumthitta Police Station crime No.538/2019 U/s 294(b), 341, 323, 324, 427, 506(i), 34 IPC.

Aranmula Police Station crime No.841/2018 U/s 323, 324, 326, 34, IPC.

Pathanamthitta Police Station crime No.656/2018 U/s 143, 147, 341, 323, 324, 427, 149 IPC.

Pathanamthitta Police Station crime No.661/2018 U/s 143, 147, 341, 323, 506(II), 324, 326, 427, R/W 149 IPC.

Chittar Police Station crime No.210/2018 U/s 147, 148, 149, 427, 294(b), 323, 324 452, 506(II) IPC.

Panthalam Police Station crime No.2720/2020 U/s 324, 506, 34 IPC.

Excise Anti Narcotic Special Squaed crime No.21/2022 U/s 20(b)(II)B & 29 of NDPS Act.

Elavumthitta Police Station Report No. 191/GL/ELTA/2021, U/s 107 CrPC.

Even accepting the contention raised by the learned counsel for the petitioners that, the 3rd petitioner's detention under the KAAPA is not legal, the complicity of the 3rd petitioner in multiple crimes would negate his claim of regular bail at this stage. Accordingly, I am not inclined to release him on bail.

Coming to the 2nd petitioner/2nd accused, he has no criminal antecedents. Even though, criminal antecedents reported in so far as the 1st petitioner/1st accused is concerned, his criminal antecedents are confined to Crime No. 1740/2016 of Ranni Police Station alleging commission of offence punishable under Section 379 of IPC and Crime No. 1661/2016 of Thiruvalla Police Station alleging commission of offence punishable under Section 380 of IPC. Since the investigation found to have achieved some progress in so far as petitioners 1 and 2 are concerned, taking note of their custody from 20.03.2023, I am inclined to release them on bail.

Holding  so,  bail  plea  at  the  instance  of  the  3rd petitioner/4th accused stands dismissed, while allowing bail plea at the instance of petitioners 1 and 2. Accordingly, petitioners 1 and 2 are enlarged on bail on conditions:

i. The petitioners 1 and 2 shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioners 1 and 2 shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iii. The petitioners 1 and 2 shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months.

iv. The petitioners 1 and 2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioners 1 and 2 shall not involve in any other offence during the currency of bail and any such event, if reported, or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted.