Unnikrishnan vs State Of Kerala

K.Haripal, J

This is an application filed under Section 439 of the Cr.P.C. Petitioner is the 7th accused in Crime No.284 of 2021 of Vallikunnam police station in

Alappuzha district, which was registered alleging offence punishable under Sections 143, 147, 148, 323, 324, 326, 307, 302 of the IPC read with

Section 149 of the IPC.

2.The allegation against the petitioner is that he had facilitated the other accused in the accomplishment of the crime in which a 11 year old boy,

Abhimanyu was killed and some others were seriously injured. He was arrested for the crime on 23.04.2021 and since then is in judicial custody.

I heard the learned counsel on both sides.

4.The learned counsel for the petitioner submits that all other accused have been granted bail by this Court, except 4th accused, who has not yet been

arrested. According to the learned counsel, the petitioner is prepared to abide any condition imposed by this Court.

The learned Public Prosecutor has seriously opposed the application. According to the learned Public Prosecutor, he is a history sheeter, in the

sense that, including this crime, he has two murder cases to his credit, besides one case under Section 308 of the IPC and two other hurt cases.

It has come out that, he is in judicial custody for the last 111 days. The investigation has already been over and charge sheet laid. The policy of the

Courts is not to detain such persons in custody unless, overwhelming reasons are made out. The learned counsel for the petitioner submits that, he is

on bail in all other cases, that his parents are abroad and he is only 24 years, that he will lead a peaceful life, obeying any condition imposed by this

Court.

Having heard counsel on both sides and taking into account the fact that, all other accused, except 4th accused, who is not yet arrested, have been

granted bail no purpose will be served in detaining the petitioner further in custody. Moreover, during the pandemic condition, High Power Committee

appointed by the Apex Court has issued guidelines for easing over crowding in prisons. True that the petitioner does not bear good antecedents. But,

so long as all other accused, including the prime accused have been released, there is no reason to single out the petitioner.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class

Magistrate-I, Kayamkulam.

ii) He shall not enter Alappuzha revenue district except for the purpose of attending the Court.

iii) He shall surrender his passport before the jurisdictional Court and if her does not have one, file an affidavit to that effect shall be produced before the

jurisdictional Court.

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

v) He shall not leave the country without permission of the trial court;

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

vii) He shall appear before the trial Court on all dates of posting;

viii) Petitioner 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;

ix) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail, in accordance with law.

Bail Application is allowed as above.