Sajan Samuel vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No. 2056/2022 of Pala Police Station, Kottayam, alleging offences punishable under Sections 120(B), 450 and 307 r/w Section 34 of the Indian Penal Code 1860.

According to the prosecution, the petitioner along with other accused, due to a previous enmity, attacked the defacto complainant after trespassing into their house and inflicted stab injuries on the left thigh and the stomach of the defacto complainant and thereby committed the offences alleged.

Sri. T.M. Sudheer, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the petitioner is suffering from mental illness as a result of which, he is not even able to face the trial. The learned counsel for the petitioner also submitted that petitioner was arrested on 25.07.2022 and that he has been in custody since then.

Sri. P.G. Manu, the learned Public Prosecutor, opposed the grant of bail and submitted that petitioner is alleged to have committed a serious offence and therefore, he ought not to be released on regular bail. It was also pointed out that, pursuant to the direction of this Court, a report on the mental condition of the petitioner was obtained and it shows that the mental and behavioral disorders of the petitioner was due to Psycho Active Substance use and that his condition has improved and he is fit to stand trial, at present. It is also reported that petitioner do not require any further institutional care and that he has to continue his medicines with regular follow up. The learned Public Prosecutor also urged that if the petitioner is released on bail there is every chance of him committing similar offences and that he will be a threat to other persons.

I have considered the rival contentions.

The petitioner was arrested on 25.07.2022. Already more than 374 days have elapsed since his arrest. The offences alleged against the petitioner though serious in nature, the continued detention of the petitioner for such a long period would amount to conviction before punishment. Petitioner’s liberty has been curtailed and having regard to the fact that the cases is still pending at the committal stage as C.P. No. 47/2022, before the Magistrate Court, Pala, I am of the view that the possibility of an immediate trial is very remote. In such circumstances, the petitioner is entitled to be released on bail.

Accordingly, this application is allowed and the petitioner is released on bail on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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