Roshan Varghese vs State Of Kerala
2021 Latest Caselaw 13637 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE K.HARIPAL
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                     BAIL APPL. NO. 3900 OF 2021
     CRIME NO.2665/2020 OF THIRUVALLA POLICE STATION,
                 PATHANAMTHITTA POLICE STATION
 AGAINST THE ORDER/JUDGMENT IN CRMP 1543/2021 OF JUDICIAL
   MAGISTRATE OF FIRST CLASS ,THIRUVALLA, PATHANAMTHITTA
PETITIONER/1ST ACCUSED:

         ROSHAN VARGHESE
         AGED 27 YEARS, S/O.REJI VARGHESE,
         CHUNKATHILAYA CHIRAPPATTIL HOUSE,
         THIRUMOOLAPURAM, THIRUVALLA, PIN - 689 101.

         BY ADV T.P.PRADEEP



RESPONDENT/COMPLAINANT:

         STATE OF KERALA
         REPRESENTED BY THE PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682 031.

         BY ADV. SMT. SREEJA V, PUBLIC PROSECUTOR



    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.07.2021,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO.3900 OF 2021
                               -2-



                           ORDER

The first accused in Crime No.2665/2020 of Thiruvalla

police station is the petitioner in this bail application under

Section 439 of the Cr.P.C.

2. The allegations against the petitioner and others

are falling under Sections 143, 147, 148, 452, 323, 506(ii),

511 of 435, 427 read with Section 149 of IPC. The alleged

incident had happened on 26.09.2020. It is alleged that the

petitioner and others had formed an unlawful assembly, in

prosecution of their common object and after making

preparations, trespassed upon the residence of the defacto

complainant, a neighbour, and committed acts of baste.

3. He surrendered before the court 25.05.2021 and

since then is in judicial custody.

4. The learned counsel for the petitioner submits

that eventhough there are numerous other cases against

him, after getting married he is leading a peaceful life and

the alleged incident had happened in 2020. BAIL APPL. NO.3900 OF 2021

5. I heard the Public Prosecutor also. The learned

Public Prosecutor submits that he has twelve cases of similar

nature in his credit. That means he is a history sheeter.

Eventhough he has lot of cases in his name, considering the

fact that the incident had happened in September, 2020 and

since it is submitted that now he is leading a peaceful life,

he can be released on bail on experimental basis.

Therefore, the petitioner shall be released on bail on

the following conditions:-

i) Petitioner shall execute 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) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave Pathanamthitta District without leave of the jurisdictional court;

iv) He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed to that effect;

BAIL APPL. NO.3900 OF 2021

v) He shall not involve in any crime during the period on bail;

vi) He shall appear before the Investigating Officer/trial Court as and when required;

vii) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

viii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.

Sd/-

K.HARIPAL JUDGE nkr/01.07.2021