Sreejith @ Unni vs State Of Kerala

K.Haripal, J

This is an application for bail filed under Section 439 of the Cr.P.C by the first accused in Crime No.917/2021 of Nedumangad Police Station. That crime was registered alleging offence punishable under Sections 294(b), 323, 324, 342, 308 and 394 of the IPC. He was formally arrested for the case on 05.06.2021 and since then is in judicial custody. This is the second application for bail moved by him after the dismissal of the first application by order dated 06.08.2021 in B.A.No.5552/2021.

Heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

According to the learned counsel for the petitioner, he is in custody for the last 89 days, that investigation of the case is practically over and further detention of the petitioner is not necessary.

The learned Public Prosecutor pointed out that he is a history sheeter having involved in 29 cases. Even during the period when he faced proceedings under the KAA(P) Act, he had indulged in numerous crimes, which indicates his character and tendency to indulge in successive crimes.

No doubt, the petitioner is a person having criminal bend of mind. Even though, he is only 25 years old, has involved in 29 cases and faced proceedings under the KAA(P) Act numerous occassions. Here, the allegation is that, he along with others took the defacto complainant on a motor bike to a remote place near Pathankallu petrol bunk in Nedumangad; the defacto complainant was then tied with a rope and was brutally attacked with a chopper and caused injuries on his head; A mobile phone and an amount of Rs.3000/- was also robbed from the defacto complainant. That means the allegations are serious.

Even though the allegations are very serious, having regard to the updates in investigation, it does not seem that his continued detention is warranted for the case. Therefore, he shall be released on bail on 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 jurisdictional court; one of the sureties shall be a near relative;

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

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

iv) He shall not leave the country without permission of the jurisdictional Court;

v) He shall appear before the Investigating Officer every Saturday between 7.00 a.m and 11.00 a.m till final reports are laid in all criminal cases registered against him;

vi) 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;

vii) 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.