Thankachan vs State Of Kerala

K. Haripal, J

The sole accused in crime No.253/2021 of Ollur police station registered for offence punishable under sections 3, 25(1)(a) and 27 of the Arms Act

is the petitioner in this application filed under section 439 of the Cr.P.C. seeking regular bail. The said crime was registered on 16.04.2021, after

seizing a country gun kept in a temporary shed attached to his residence in Marottichal, in Ollur police station limits. The petitioner was arrested on

17.04.2021 and since then he is in judicial custody.

I heard the learned counsel for the petitioner and also the learned Public Prosecutor.

Though the learned counsel for the petitioner claims that he has no criminal antecedents to his credit, the learned Public Prosecutor rebutted the

same. According to her, he has five cases of similar nature to his credit. The said fact can be drawn from the order of the learned Sessions Judge,

dated 27.05.2021, also. All the same, he was arrested on 17.04.2021 and now, after more than 2½ months in custody, further incarceration cannot

be justified at this stage. Moreover, the investigation has progressed considerably.

In the circumstances, even though he is in the goonda list of the police station, can be released on bail on consideration that the policy of the court is

to ease overcrowding in jails in the present pandemic situation. Thus the petitioner shall be released on bail, on the following conditions:-

i) The petitioner shall execute 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;

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

iii) He shall not leave the country without permission of the jurisdictional court;

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

v) He shall report before the investigating officer on every Monday between 10 a.m. and 12.00 Noon till the final report is filed;

vi) He shall strictly abide 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.