Vishnu vs State Of Kerala

Bechu Kurian Thomas, J

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

Petitioner is the accused in Crime No.289 of 2023 of Kayamkulam Police Station, Alappuzha District, alleging offences punishable under Sections 225B, 332 and 333 of the Indian Penal Code, 1860.

According to the prosecution, on 01.04.2023, the petitioner, who was already an accused in Crime No.1057 of 2020 of Mavelikkara Police Station, while being taken to the Central Prison, Thiruvananthapuram, from the Magistrate's Court attempted to escape from police custody after assaulting the police officers and thereby committed the offences alleged.

I have heard Sri.M.R.Sasith, learned counsel for the petitioner, as well as Smt.T.V.Neema, learned Public Prosecutor.

The allegation against the petitioner is that he tried to escape while being taken to the Central Prison from the Magistrate's Court. The petitioner is already an accused in two crimes as Crime No.1057 of 2020 and Crime No.110 of 2023. Petitioner was presented before court in those two cases and it is during the return journey that he attempted to escape. Eventhough the allegations are serious in nature, considering the period of detention already undergone from 01.04.2023, I am of the view that petitioner can be released on bail on stringent conditions:

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the State of Kerala without the permission of the Court having jurisdiction.

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