Sarath @ Poli Sarath vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the first accused in Crime No.599 of 2022 of Munambam Police Station, Ernakulam, alleging offences under Sections 447, 323, 324, 294(b) and 506 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused had trespassed into the house of the defacto complainant and assaulted him and his father with a knife, after shouting obscene words and thereby committed the offences alleged. Since the offences alleged against the petitioner in Crime No.599 of 2022 was bailable, he was released on bail subject to condition that he shall not involve in any other offences while on bail. In the meantime, petitioner was implicated as the first accused in Crime No.820 of 2022 of Munambam Police Station alleging offences under Sections 506, 341, 323, 294 r/w Section 34 of IPC. The offences alleged in Crime No.820 of 2022 are also stated to be bailable and he was released on regular bail.

However, since the petitioner had, in violation of the conditions of bail granted in Crime No.599 of 2022, involved in a subsequent crime, bail granted in the said crime was cancelled by order dated 29.10.2022 and petitioner was arrested on 04.11.2022.

I have heard Sri.K.R.Vinod, the learned counsel for the petitioner as well as Sri.P.G.Manu, the learned Public Prosecutor.

Though the petitioner is alleged to have committed two crimes, the offences alleged in both the crimes are bailable offences. He was arrested on 04.11.2022 after bail granted in the first crime was cancelled. From 04.11.2022, petitioner has been in custody. Considering the period of detention already undergone, I am of the view that despite violation of conditions of bail, petitioner ought to be released on bail.

Accordingly, I allow this application 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 appear before the Investigating Officer as and when required.

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

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.