Simon vs State Of Kerala

K.Haripal, J

Petitioner is the first accused in Crime No. 993/2019 of Punnapra Police Station, which was registered alleging offence under Sections 143, 147,

148, 323, 324, 326, 364, 118, 302 and 201 read with Section 149 of the Indian Penal Code.

According to the learned counsel for the petitioner, he was arrested as early as on 22.08.2019 and that for the last 680 days, he is in judicial

custody. The case has been taken on file as S.C. No. 01/2020 before the Additional Sessions Court II, Alappuzha where trial has already commenced,

that 11 witnesses have already been examined and remaining witnesses are scheduled to be examined next week. The learned counsel also submits

that there are more than 100 witnesses in the charge sheet, examination of all of them may take more than three months. According to him, even

though one more case is alleged against him as evident from Annexure I order in Crime No. 826/2011, he has already been acquitted of that charge.

The learned Public Prosecutor submits that he is the main offender in the crime. The case has two phases, initial part was committed before a bar

and later, the victim was taken to the beach, where he was killed and buried.

According to learned Public Prosecutor, the release of the petitioner at this stage may cause difficulties to the prosecution.

It is true that the petitioner is the main culprit in the crime. But for the last nearly two years he is in judicial custody. The trial has already

commenced. Seven accused have already been granted bail. In this pandemic situation, it is the policy of the Courts to ease the crowding in prisons, I

do not think it is necessary for the prosecution to keep him in custody. Only thing is that his presence to be ensured for the free flow of the trial. That

can be ensured by imposing appropriate conditions.

Therefore, the petitioner shall be released on bail subject to the following conditions:-

i) The petitioner shall execute a bond for Rs.1,00,000/-(Rupees One lakh only), with two solvent sureties each for the like sum to the satisfaction of the trial court, one

of the sureties shall be a near relative of the petitioner;

ii) He shall surrender his passport within ten days from the date of release on bail before the trial court. If he does not possess a passport, an undertaking shall be

filed to that effect.

iii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iv) Petitioner shall not leave Alappuzha Revenue district, until the termination of the proceedings;

v) He shall be present before the trial court on all days of posting;

vi) He shall not involve in any crime during the bail period;

vii) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

viii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.