Ullas Unni vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the accused in Crime No.733/2023 of Kothamangalam Police Station which was registered for the offences punishable under Sections 323, 324, 341, 427, 436 and 452 of IPC.

The prosecution case is that, on account of the animosity of not supplying meat to the petitioner by the defacto complainant, the petitioner trespassed into the residential accommodation provided by the defacto complainant to his employees on 16.05.2023 at about 8.00 p.m. and assaulted the employees of the defacto complainant, by using a reaper and a cooker kept in the room. The further allegation is that, the petitioner set fire to the dress used by the employees of the defacto complainant. The petitioner, surrendered before the investigating officer on 12.07.2023 and since then he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri.Latheesh Sebastian, learned counsel for the petitioner and Sri.C.S. Hrthwik, learned Public Prosecutor for the State.

I have carefully gone through the records. It is true that there are specific allegations against the petitioner. In addition to that the petitioner also involved in six other cases. The details of which are as follows:

Crime No.1305/2018 U/s 294(b), 324, 308, 427 IPC

Crime No.1668/2018 U/s 341, 323 IPC

Crime No.136/2021 U/s 447, 294(b), 323 IPC

Crime No.286/2022 U/s 294(b), 324, 506(i), 308 IPC

Crime No.669/2023 U/s 341, 323, 294(b) IPC

Crime No.733/2023 U/s 341, 323, 324, 427, 452, 436 IPC

As against the petitioner proceedings under KAAPA were also initiated.  The learned Public Prosecutor seeks for dismissal of the application on the above reason.

However, it is evident that, the petitioner has been in custody since 12.07.2023. Now it is reported that the final report is also submitted by the Police. In such  circumstances, I do not find any necessity of further incarceration of the petitioner. The trial of the said case is likely to take some time as well.

Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions:

i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall appear before the trial court as and when required.

iii) The petitioner shall not commit any offence of similar nature while on bail.

iv) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

v) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.