Devan vs State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 13TH DAY OF SEPTEMBER 2022 / 22ND BHADRA, 1944 BAIL APPL. NO. 2790 OF 2022 (CRIME NO. 622/2018 OF PEECHI POLICE STATION, THRISSUR DISTRICT. IN C.C.NO.28/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE NO.III, THRISSUR) PETITIONER: DEVAN AGED 27 YEARS SON OF MANI, KARUVANNURKKARAN HOUSE, ANCHERY, THRISSUR, PIN - 680001 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - BY PUBLIC PROSECUTOR OTHER PRESENT: PP VIPIN NARAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail filed by the 4th accused in C.C No.28/2019 on the file of the Judicial First Class Magistrate No.III Thrissur. The offences alleged are under Section 341, 323, 506 (ii), 386 read with 34 of the I.P.C.

2. The prosecution case in short is that on 01.12.2018 at 12.00

noon, the accused called the defacto complaint to his friend's house and when he arrived there in a car, the accused wrongfully restrained and threatened him showing weapons, thereafter stolen the car belonging to the defacto complainant and thereby committed the offences.

3. Infact, the petitioner was granted bail by the court below in

the year 2018. Thereafter, the petitioner got involved in three other crimes and his bail was cancelled. He was arrested and remanded on 25.02.2022. Thereafter, a bail application was moved by the petitioner before the court below, which was dismissed as per Annexure- II order.

4. Heard both sides.

5. The learned counsel for the petitioner submitted that the petitioner is in custody for the last seven months and that he was falsely implicated in the present case.

6. However, the learned Public Prosecutor opposed the bail application, and contended that if the petitioner is released on bail at this stage, he will engage in similar offences again.

7. It is true that the petitioner after being released on bail, got

involved in three crimes. However, it is a fact that the petitioner is now in custody for the last seven months. The trial of the case has not yet been scheduled. It may take some more months to commence the trial. Considering the fact that the petitioner is in custody for the last seven months, I am of the view that he can be released on bail on stringent

conditions. Hence, the bail application is allowed on the following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below.

(ii) The petitioner shall appear before the SHO, Peechi Police Station on every Monday between 10.00 am and 11.00 am till the completion of the trial.

(iii) The petitioner shall not commit any offence while on bail.

(iv) The petitioner shall not make any attempt to contact any of

the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(v) The petitioner shall surrender his Passport. If he does not have a Passport, he shall file an affidavit to that effect.

(vi) The petitioner shall not leave the State of Kerala without

the permission of the court below. Sd/- DR. KAUSER EDAPPAGATH JUDGE JS APPENDIX OF BAIL APPL. 2790/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE ORDER IN CRL.M.P.NO.1488/2021 OF THE COURT OF THE JUDICIAL FIRST-CLASS MAGISTRATE NO.III, THRISSUR DATED 15.02.2022 Annexure2 FREE COPY OF THE ORDER IN CRL.M.P.NO.888/2022 OF THE COURT OF THE JUDICIAL FIRST-CLASS MAGISTRATE NO.III, THRISSUR DATED 21.03.2022