Sreekanth vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No.85/2020 of Kallambalam Police Station, Thiruvananthapuram District. The offences alleged against the petitioner are under sections 143, 147, 148 and 506(ii) r/w Section 149 of the Indian Penal Code. 1860 apart from Section 3(a) of the Explosive Substances Act, 1908.

Initially petitioner was granted bail on 30.04.2022 by the learned Magistrate Court on conditions. However, subsequently, due to the violations of the conditions imposed, bail granted to the petitioner was cancelled by order dated 17.06.2022. Petitioner was subsequently arrested on 06.08.2022 and he has been in custody since then.

Smt.Liju M.P., learned Counsel for the petitioner contended that petitioner is a young person, who has been falsely arrayed as an accused in several cases. It was also submitted that petitioner had not violated any of the conditions of bail and that he is being roped in as an accused only for the purpose of cancelling the bail in various cases. According to the learned Counsel, having regard to the period of detention already undergone, petitioner ought to be released on bail.

Sri.Manu.P.G. , learned Public Prosecutor opposed the grant of bail and contended that petitioner is involved in nine other criminal cases and that the cancellation of bail is justified, having regard to the nature of offences committed subsequent to the grant of bail. It was also pointed out that one of the conditions while granting bail was that he shall not involve in any other crime, and the said condition was violated by the petitioner involving in a subsequent crime. Learned Public Prosecutor also asserted that petitioner is a hardened criminal and therefore, releasing him on bail would cause great prejudice to the investigation.

I have considered the rival contentions.

Even though the allegations against the petitioner are serious, considering the period of detention already undergone from 06.08.2022, I am of the view that petitioner can be granted bail under strict conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer once in two weeks, until conclusion of trial.

(c) Petitioner shall not enter into the jurisdictional limits of Kallambalam Police Station till the conclusion of trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the 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, notwithstanding the bail having been granted by this Court.