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Judgment
12 paragraphs · 381 wordsP. G. Ajithkumar, J
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
The petitioner is the accused No.1 in Session Case No.1986/2023, which is now pending trial before the Additional Sessions Judge-IV, Thiruvananthapuram. The offences alleged against the petitioner are punishable under Sections 120(B), 143, 147, 148, 324, 326, 302 read with 149 IPC and Sections 3 and 5 of Explosive Substance Act.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The petitioner was granted bail by this Court as per order dated 28.06.2021 in B.A. No.4366/2021. Since he violated conditions of bail, his bail was cancelled. He was arrested on 27.01.2022 and ever since he has been in jail.
Report from the learned Trial Judge was called for as to the possibility of trying S.C. No.1986/2023 on an early date. Report says that considering the pendency of cases in that Court, a minimum period of ten months is required to conclude the trial of the case. The said submission of the learned Trial Judge is found to be reasonable. The petitioner has been in jail since 27.01.2022 and the possibility of conclusion of the trial in a short period is remote. In the circumstances, I am of the view that the petitioner can be granted bail subject to strict conditions.
In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:
(i) He shall not enter the revenue District Thiruvananthapuram except to attend the Court;
(ii) He shall not influence or intimidate witnesses or tamper with evidence;
(iii) He shall appear before the investigating officer as and when called for; and
(iv) During the bail period, he shall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. It is made clear that registration of a new crime against the petitioner will result automatic cancellation of the bail granted to the petitioner as per this order.