Vishnu vs State Of Kerala

Mohammed Nias C. P. , J.

The petitioner is the first accused in S.C.No.1205/2020 on the files of the Addl. Sessions Court (Adhoc-II), Kollam, for offences punishable under Sections 120B, 143, 144, 148, 449, 294(b), 506(ii), 341, 323, 324, 302 r/w 149 of the IPC. The petitioner was granted bail in the said case, as per Annexure 1 order of this Court dated 30.9.2023. While he was on bail, another case was registered against him, and the petitioner approached this Court seeking anticipatory bail, contending that a false case was registered against him and, as per order dated 19.1.2024, an interim anticipatory bail was granted. Later, by orders in B.A.No.10827/2023 dated 5.2.2024, he was granted anticipatory bail. Notwithstanding the granting of bail, since the petitioner's bail bond was cancelled, he filed Crl.M.C.No. 720/2024, as a non-bailable warrant was issued against him, on account of his non-appearance before the Sessions Judge. Though a counsel represented the petitioner, the Sessions Judge issued a Non-Bailable Warrant that was challenged in the Crl. M.C. This Court, by Annexure 6 order dated 23.1.2024 in Crl. M.C. No. 720/2024 directed the petitioner to appear before the Sessions Judge by filing an application for recall of warrant and also for bail and directed the said Court to consider and pass orders on the same day itself. Pursuant to the directions in Annexure 6 order, by orders dated 2.2.2024, the Sessions Judge rejected the applications and remanded the petitioner to judicial custody. It is also to be noticed that this Court had granted anticipatory bail as the alleged defacto complainant had filed an affidavit stating that no such incident as alleged against the petitioner had happened for registering the second crime. In view of the above facts, the order of the Sessions Judge rejecting the applications cannot be sustained. In light of the circumstances mentioned above, I am inclined to grant bail to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:

i. The petitioner shall be released on bail on 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 jurisdictional Court;

ii. The petitioner shall report before the Investigating Officer as and when directed;

iii.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

iv.The petitioner shall not be involved in any other crime while on bail or leave the State of Kerala without getting prior permission from the Court concerned;

v. The petitioner shall appear before the trial court on all posting dates without fail, except when specifically exempted by the Court;

vi.The petitioner shall not enter the jurisdictional limit of Kollam District except to comply with condition Nos. (v) or to comply with any court conditions;

vii.The petitioner shall surrender his Passport, if any, within seven days from the date of his release before the court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter;

viii.If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.