Sreejith@ Ambily vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking regular bail has been filed under Section 439 of the Code of Criminal Procedure( “Codeâ€​ for short ).

The petitioner is the accused in crime No.19 of 2021 of the Chavara Police Station registered under Section 143,147,148,452,324,294(b),506 (ii), 427

r/w Section 149 of the IPC and Section 27 of the Arms Act.

The prosecution allegation is that on 18.1.2021 at about 12.30. a.m., the petitioner along with the rest of the accused formed themselves into an

unlawful assembly, armed with weapons, and in prosecution of their common object trespassed into the house of the de facto complainant and

committed mischief causing a loss of Rs.25,000/-.

The petitioner was granted bail by the learned Magistrate by order dated 23.1.2021. One of the conditions in the order was that the petitioner shall

not involve himself in any other offence. It appears that while on bail, the petitioner got involved in Crime Nos.175, 177 and 178 of 2021 of the

Chavara Police Station. He was arrested in connection with the aforesaid crimes on 24.2.2021. After registration of the subsequent crimes as

aforesaid, the Investigating Officer filed an application before the learned Magistrate seeking to cancel the bail granted in Crime No.19 of 2021. By

Annexure 1 order the learned Magistrate taking note of the indiscretions of the petitioner duly cancelled the bail and the petitioner herein was

remanded to judicial custody. He has been in custody since 24.2.2021.

The learned counsel appearing for the petitioner submits that Crime Nos.175, 177 and 178 of 2021 have been registered on the same day in respect

of a very same occurrence. However, the complaint was lodged by three different persons who are the near residents of the locality. He would

further contend that by Annexures A3 and A4 orders, the learned Session Judge, Kollam has granted regular bail to the petitioner herein in Crime

Nos.175, 177 and 178 of 2021 of the Chavara Police Station. It is submitted that the petitioner has undergone prolonged incarceration and seeks

enlargement of bail.

The learned Public Prosecutor has opposed the prayer and highlighted the grave nature of the allegations.

I have considered the submissions advanced and have perused the materials which are made available. The learned Magistrate was justified in

cancelling the bail granted to the petitioner as he got involved in a series of crimes thereafter. However it is seen that the crimes were registered one

after the other on the same day in respect of an incident involving the petitioner. However, it is seen that the petitioner has been granted bail by the

Court of Session, Kollam in those cases.

The records reveal that the petitioner has been in custody from 24.2.2021. Having regard to the sequence of events, the nature of accusations

against the petitioner, the period of detention undergone, and also the fact that the investigation has been more or less completed, I am of the

considered opinion that the petitioner can now be released on bail on stringent conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only)/ with two solvent sureties for the like sum to the

satisfaction of the court having jurisdiction.

The petitioner shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final

report whichever is earlier.

The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

He shall not commit any offence while on bail.

He shall not leave the State of Kerala without the permission of 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.