Stan Varghese vs State Of Kerala

Gopinath P., J

This is an application for regular bail

The petitioner is the first accused in Crime No.1951/2021 of Thiruvalla Police Station, Pathanamthitta District, alleging the commission of offences under Sections 294(b), 324, 307, 506(ii), 201 r/w Section 34 of the Indian Penal Code.

By Annexure – A1 order dated 21-12-2021 and for the reasons stated therein, this Court was inclined to grant bail to the petitioner subject to conditions including a condition that the petitioner shall not involve himself in any other crime while on bail. The petitioner was thereafter involved in Crime No.1635/2022 of Thiruvalla Police Station, alleging commission of offences under Sections 341, 294(b), 506(i), 323, 365, 394, 324, 411, 414 r/w Section 34 of the Indian Penal Code. Following the involvement of the petitioner in Crime No.1635/2022 of Thiruvalla Police Station, the bail granted to the petitioner by this Court through Annexure -A1 order in B.A.No.8394/2021 was cancelled. The petitioner has thereafter been in custody since 11-03-2023 and has completed 96 days of custody.

The learned counsel for the petitioner would submit that the petitioner has already been granted bail in Crime No.1635/2022. It submitted that this Court in B.A.No.4246/2023 held as follows:

“9. Taking note of the period of detention already undergone. I am of the view that, further detention would amount to punishment before conviction. Though the bail condition has been violated, since for more than 50 days, petitioner has been in detention, a lenient view ought to be adopted. In the first crime, final report was filed and the case is awaiting trial. There is no possibility of an immediate trial also. Hence, Petitioner ought to be released on bail.”

He submits that similar consideration should weigh with by this Court while deciding whether the petitioner should be granted bail.

The learned Public Prosecutor on instructions, would submit that the petitioner, after getting bail in Crime No.1951/2021 of Thiruvalla Police Station, committed further offences involving almost identical offences as committed by the petitioner earlier and therefore the petitioner is clearly not entitled to be released on bail. It is submitted that if the petitioner is released on bail, there is every likelihood of the petitioner involving himself again in the commission of similar offences and this would prove be a threat to the society and to the public interest in general.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am inclied to grant bail to the petitioner considering the fact that the petitioner has been in custody for 96 days following cancellation of his bail in Crime No.1951/2021 of Thiruvalla Police Station.

Accordingly, this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

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

b) Petitioner shall appear before the investigation officer as and when called upon to do so;

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

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

e) If the petitiner has a passport and it has not already been surrendered, the petitioner shall surrender the same forthwith. If the petitioner does not have a passport, an affidavit to that effect shall be filed within seven days of release on bail;

f) Petitioner shall not enter into the jurisdictional limits of Thiruvalla Police Station, except for abiding by the conditions of bail or for appearing before the Court in connection with the trial of any of the cases registered against him.

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.