Vijith K.R.Vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is the 1st accused in Crime No.1491 of 2020 of Koratty Police Station, Thrissur registered alleging commission of offences punishable under Sections 302 and 34 of the Indian Penal Code, which is now pending as S.C.No.822 of 2021 on the file of the Additional Sessions Court, Irinjalakkuda.

The prosecution allegation is that, on 18.11.2020, the petitioner and the 2nd accused went to a toddy shop along with the deceased. At the toddy shop the accused had a fight with the deceased with regard to an allegation that he had stolen the mobile phone. He was assaulted inside the toddy shop. The Manager of the toddy shop asked them to leave the toddy shop. Accordingly, they went from the toddy shop and after a few hours three of them came back to the toddy shop and consumed toddy. Then again they had a fight with regard to the allegation of stealing the mobile phone of the accused. As per the allegation, accused persons assaulted the deceased and after that they went along with the deceased. In the next morning the body of the deceased was found beside the road and on further investigation the involvement of accused persons in the crime was revealed.

Learned counsel for the petitioner submitted that the petitioner was arrested on 20.11.2020 and he is in custody since then and that the charge sheet is already laid and further detention of the petitioner is not required. Though in Annexure-A bail order dated 09.03.2021 there is a direction to the trial court to expedite the trial of the case since the charge sheet has already been laid as on that day, petitioner submits that till date the trial has not commenced.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that the murder has been done in a very brutal manner and further that the petitioner is involved in nine other cases. To which the learned counsel for the petitioner would submit that in most of the cases petitioner has been acquitted.

This Court has earlier dismissed the bail application filed by the petitioner taking into consideration his criminal antecedents. In Annexure-A order dated 09.03.2021 there is a specific direction to expedite the trial of the case, but as per the report submitted by the trial court the case is now posted for hearing on charge.

Considering the fact that the petitioner is in custody from 20.11.2020 onwards and the trial of the case is not yet commenced, I am inclined to grant bail to the petitioner, but only on stringent conditions. Petitioner shall be released on bail on the following conditions.

(i) Petitioner shall execute a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court;

(ii) He shall appear before the investigating officer in Crime No.1491 of 2020 of Koratty Police Station, Thrissur on all second Saturdays at 11.00 a.m. till the completion of trial.

(iii) He shall appear before the trial court on all posting dates without fail, except specifically exempted by the trial court.

(iii) He shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court.

(iv) He shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail.

(v) He shall not attempt to interfere with the investigation or to influence any witness in Crime No.1491 of 2020 of Koratty Police Station, Thrissur.

(vi) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1491 of 2020 of Koratty Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail.