Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942 Bail Appl.No.8347 OF 2020 CRIME NO.1230/2020 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM PETITIONER/ACCUSED: AKHIL K C AGED 25 YEARS SON OF CHANDRANANDAN, KOTHAMANASSERIL HOUSE, KOTHAMANA, CHENGALAM SOUTH P.O.
BY ADV. SRI.K.T.SAJU RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY SRI. C. N. PRABHAKARAN, SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.8347 OF 2020 2
ORDER
The petitioner is the first accused in Crime No. 1230/2020 of Kottayam West Police Station registered alleging offences punishable under Sections 341, 308, 324, 427 read with 34 of the Indian Penal Code; now the learned Public Prosecutor says that apart from the above, offence under Sections 323 and 506(1) has also been incorporated. The petitioner is in custody from 13.11.2020 onwards. The application is opposed mainly for the reason that he has criminal antecedents, that he is involved in nine other cases, all are assault cases and one under Section 107 of the Code of Criminal Procedure.
2. The learned counsel for the petitioner submits that four such cases have already been disposed of and only 5 cases are pending including the one under Section 107 of the Code of Criminal Procedure.
3. It is submitted that the petitioner is a labourer employed in painting works, that it is the main source of income and the case has already been charged. Bail Appl..No.8347 OF 2020 3
4. Even though criminal antecedents are noticed against
the petitioner, he is in custody for more than 1½ months. As charge sheet has already been laid, his continued detention cannot be insisted upon. Therefore, he can be released on bail on the following conditions:-
i) The accused shall execute 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 below; ii) He shall not try to contact or influence the witnesses or tamper with evidence; iii) He shall not enter Kottayam West Police Station limits, until further orders; iv) Petitioner shall not leave India without permission of the jurisdictional Court; v) He shall appear before the committal/trial court as and when required; vi) The petitioner shall strictly abide by the various
guidelines issued by the State Government and the
Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic; vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance with law, even though the bail is granted by Bail Appl..No.8347 OF 2020 4 this Court. This bail application is allowed as above. Sd/- K.HARIPAL JUDGE DCS/29.12.2020