Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944 (CRIME NO.156/2022 OF Marayur Police Station, Idukki) PETITIONER/ACCUSED: SOORYA, AGED 24 YEARS, S/O.NADARAJ, MGP/XII/38, ANAKKALPETTY BHAGAM, MICKLEGIRI KARA, PULIKKARAVAYAL, MARAYOOR VILLAGE, IDUKKI DISTRICT, PIN - 685613 BY ADV C.SREEJITH (ELAMAKKARA) RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM - 682031. SR PP SMT.SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for regular bail.
2. petitioner is the first accused in Crime No.156 of 2022 of Marayur Police station, alleging commission of offences punishable under Sections 294(b), 143, 147, 148, 149, 308, 324 and 341 of the Indian Penal Code.
3. The prosecution allegation is that on 16.03.2022, the petitioner and
four others waylaid the complainant at Cheruvadu bhagam, Kanthalloor Village, while he was travelling in an auto rickshaw and manhandled him. The accused dragged out the victim from the auto rickshaw and attacked him with a knife. The petitioner dealt blow with a knife and caused injury on his back. The second blow by the accused was avoided by victim and in the same, he sustained a cut injury on his hand. If he had no avoided that blow the same would have taken his life. The other accused also actively participated in the manhandling and thereby the petitioner committed the aforesaid offence.
4. Learned counsel for the petitioner submitted that petitioner was arrested on 17.03.2022 and is in custody since then.
5. Learned Public Prosecutor upon instructions submitted that
the petitioner is involved in seven crimes and consequently KAAPA proceedings were initiated against the petitioner as per the order passed by the authority that the petitioner shall not enter the Idukki District for a period of six months. Learned Public Prosecutor further submitted that period of six months expired only in April 2022. While this order was pending, the petitioner entered Idukki District and a crime was registered as Crime No.812 of 2021 of Marayur Police Station and he was again apprehended by the police and he was in custody for 27 days. Thereafter, bail was granted by this court in the said crime in BA No.980 of 2022, in which a specific condition has imposed that the petitioner shall not violate any order passed by the competent authority under the provisions of the KAAPA Act. It is seen that the present crime is registered on 16.03.2022 ie., within the currency of the order passed by the KAAPA authority. It is seen that petitioner has violated the order issued by the competent authority under the provisions of the KAAPA Act also the
specific directions issued by this court. The conduct of the petitioner clearly revealed that he has scant regard for the orders passed by this court in as much as he has violated the conditions imposed in BA No.980 of 2022. Further that the petitioner is involved in seven other crimes also. Having considered the facts and circumstances of the case and the nature of allegations, I feel that the petitioner is not entitled to grant bail, at this stage. Accordingly, bail application fails and is dismissed.
Sd/- VIJU ABRAHAM, JUDGE R.AV