Vinu Mani vs State Of Kerala

K.Haripal, J

Petitioners are accused Nos. 2 and 3 in Crime No. 911/2020 of Nedumbassery Police Station which was registered alleging offence under Sections

302, 212 read with 34 of the Indian Penal Code. The first petitioner/second accused was arrested on 09.10.2020 and the second petitioner/third

accused was arrested on 07.10.2020. The learned counsel for the petitioners submits that charge sheet has already been laid and now the case is

pending before the Judicial First Class Magistrate, Angamaly as C.P. No. 1/2021. It is also submitted that even though petitioners have criminal

antecedents, they are not involved in any hurt case, all other accused have been released on bail.

The learned Public Prosecutor submits that both the petitioners have five cases each to their credit. The first petitioner is involved in five cases

registered under Sections 379 and 380 of the Indian Penal Code, whereas the second petitioner has another case registered under the POCSO Act

also.

Now the charge sheet has already been laid. In fact, but for the criminal antecedents of the petitioners, their further detention is not justified. It is

true that they are involved in numerous property offences. For that reason, they need not be detained in custody especially during this pandemic

situation where the consistent policy of courts is to ease the crowd in jails.

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

i) The petitioners shall execute separate bond for Rs.1,00,000/-(Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

ii) They shall report before the Station House Officer, Nedumbassery Police Station every Saturday between 9.00 A.M. and 11.00 A.M., until further orders. If they

want to lift the condition, they can approach the Sessions Court for the same;

iii) They shall not try to contact or influence the witnesses or tamper with the evidence;

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

v) They shall not leave the country without permission of the jurisdictional Court;

vi) They shall appear before the committal/trial court as and when required;

vii) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

viii) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.