Sulfith vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is accused No.1 in Crime No.688/2021 of Haripad Police Station, Alappuzha, alleging commission of offences punishable under Sections 341, 294(b), 323 and 308 r/w Section 34 of the Indian penal Code.

The prosecution allegation is that, on 20.10.2021, the applicant along with other accused persons in pursuance of their common intention, wrongfully restrained the defacto complainant, verbally abused and assaulted him using a sword and stone, and thereby committed the abovesaid offences.

4 .The learned counsel for the petitioner submitted that the petitioner was granted bail by the Sessions Court, Alappuzha in Crl. M.P. No.2259/2021, with a condition that he shall not get involved in any other offence, but while on bail, the petitioner got involved in another Crime, registered as Crime No.204/2022 alleging commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 307 & 302 of the Indian Penal Code and in view of the said crime, the bail granted to the petitioner was cancelled as per order in Crl. M.P.No.1176/2022. It is also submitted that the investigation is over and the charge sheet is already filed, which is now pending as SC No.694/2022. Though the petitioner moved an application for bail before the Assistant Sessions Court, Mavelikkara, the same was rejected by Annexure A1 order, mainly for the reason that the petitioner is not granted bail in Crime No.204/2022 of Haripad Police Station. The petitioner submits that now he has been granted bail in the said crime in B.A. No.8109/2022.

The learned Public Prosecutor seriously opposed the bail application mainly contending that the petitioner is involved in two other cases, but submitted that the final report is already laid in the present case.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the final report is already laid and that the petitioner is already granted bail in Crime No.204/2022 of Haripad Police Station in B.A.No.8109/2022, I am inclined to grant bail to the petitioner, but taking note of the serious antecedents of the petitioner, the same shall be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.688/2021 of Haripad Police Station, Alappuzha on every 1st

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.688/2021 of Haripad Police Station, Alappuzha;

(iv) The petitioner shall not enter the local limits of the Haripad police station until completion of the trial of the case, except for the purpose of complying with condition No.(ii) above or for complying any of the directions issued by the court or to attend any proceedings before the court;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.688/2021 of Haripad Police Station, Alappuzha may file an application before the jurisdictional court, for cancellation of bail.