Siju John @ Siju vs State Of Kerala

The applicant is the 1st accused in Crime No.819/2020 of Peechi Police Station, Thrissur for having allegedly committed offence punishable under

Sections 447, 341, 324 and 326 r/w Section 34 of IPC. This is the second successive bail application filed by the applicant.

The prosecution case, in brief, is that on 18.10.2020 at about 2 p.m. owing to the previous enmity towards the de facto complainant, the applicant

along with the 2nd accused in furtherance of common intention trespassed into the courtyard of the house of the de facto complainant, wrongfully

restrained him and thereafter beat him with dangerous weapons like hammer and pestle causing a fracture of both his hands and left foot.

The applicant was arrested on 22.10.2020 and remains in custody. His earlier bail application was dismissed mainly for the reason that the applicant

is involved in six other crimes and has also been proceeded against under Section 107 Cr.P.C. The criminal proclivity of the applicant is well

established and that is the reason why he was declined bail at that stage. The 2nd accused was subsequently granted anticipatory bail by this Court,

submits the learned counsel appearing for the applicant. Therefore it is submitted that the applicant also may be granted bail.

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

The learned Public Prosecutor submits that in case the applicant is released on bail there is every possibility that he may get involved in offences of

similar nature because he is a person having criminal proclivity and has already been involved in six other crimes.

In answer to that the learned counsel appearing for the applicant submits that at present there are only two crimes pending against the applicant and

he has not been convicted in any other crimes.

The recovery of the weapon is complete. The 2nd accused was also granted bail. Under the circumstances, I find that the applicant need not be

retained since he has been in custody from 22.10.2020 onwards.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of 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 and on following conditions:-

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final

report whichever is earlier.

(ii) He shall not enter the jurisdiction of the Peechi police station except for complying with condition No.1 for a period of two months.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses.

(iv) He shall not get involved in similar offences during the currency of the bail.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.