Shyamon vs State Of Kerala

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the 4th accused in Crime No. 164 of 2021 of Kanjar Police Station. The offences alleged are under section 401 of the Indian Penal

Code.

The prosecution case in short is that on 16.04.2021, at 2.10 AM, the petitioner along with three other persons were found under suspicious

circumstances in a vehicle bearing Reg No KL-07- AS 7677 at Kavumpady Bhagam in Arakkkulam Village. From their possession, a knife was also

recovered and it is alleged that they are the members of a criminal gang associated for the purpose of committing robbery.

The petitioner was arrested on 16.04.2021 and he is in judicial custody since then.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated in the present case. It is contended by

him that, the materials available are not sufficient to establish any of the offences alleged against them. The learned Public Prosecutor opposed the

bail application. According to him, the accused committed the offences alleged against him and in case the petitioner is released on bail, he is likely to

influence the witnesses and thereby interfere with the ongoing investigation. It was further contended by the learned Public Prosecutor that, there are

criminal antecedents for the petitioner.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the

petitioner was remanded to judicial custody on 16.04.2021 and now 24 days have been elapsed. Apparently, investigation is proceeding smoothly and

uninterruptedly. It is also a relevant aspect to notice that, on account of the alarming situation prevailing in the State owing to wide spread of COVID-

19 Pandemic, the Government is taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing

within the prisons. As part of the said initiative, they have issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned

to grant parole to eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services

(Management) Rules 2014. The Honourable Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No. 1/2020 issued various

directions for minimizing the strength of inmates in prisons. In my view, the above aspects are also very much relevant while considering this bail

application. Therefore, even though the allegation against the petitioner is serious in nature, considering the existence of extra ordinary situation owing

to COVID-19 pandemic warranting extra ordinary measures, it has become necessary to release the petitioner on bail, for the larger interest of the

society.

Considering the totality of the facts and circumstances, I am of the view that the petitioner can be released on bail, subject to some conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum

each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down, declared by the Government or any other

competent authorities in this regard.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.