Kerala High Court
Sebastian @ Kochumon vs State Of Kerala on 15 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
BAIL APPL. NO. 4258 OF 2021
AGAINST THE ORDER/JUDGMENT IN SC 1/2020 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - II, ALAPPUZHA, ALAPPUZHA
PETITIONER/5TH ACCUSED:
SEBASTIAN @ KOCHUMON
AGED 40 YEARS
S/O.JOSEPH,
PARAYAKATTIL HOUSE,
PUNNAPRA NORTH PANCHAYATH,
WARD 12, ALAPPUZHA.
BY ADVS.
MANU HARSHAKUMAR
MARY ANN SAJI
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
2 CIRCLE INSPECTOR OF POLICE
PUNNAPRA POLICE STATION,
ALAPPUZHA-688 521
REPRESENTED BY THE PUBLIC PROSECUTOR - 688 521.
PP - SMT. SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.4258 of 2021
2
ORDER
The petitioner is the fifth accused in Crime No.993/2019
of the Punnapra Police Station in Alappuzha district, which was
registered alleging offence punishable under Sections 143, 147, 148,
323, 324, 326, 364, 118, 302 and 201 read with Section 149 of the
IPC.
2. The petitioner was arrested for the case on 23.08.2019 and
since then is in judicial custody.
3. The learned counsel for the petitioner submits that, he is in
custody for the last 692 days, that in the given circumstances, even
though trial has started, proceedings is likely to prolong. It is further
submitted that the first accused has already been granted bail by this
Court under Annexure-3 order and the 12th accused has been granted
bail by Annexure-2 order.
4. Heard the learned counsel on both sides. Even though trial
has commenced and eleven witnesses have already been examined for
the case, now the wife of the deceased has moved a writ petition
B.A.No.4258 of 2021
before this Court for appointment of Special Public Prosecutor;
pending consideration of that matter, by order dated 10.06.2020 in
W.P(C) No.11322/2021, further proceedings are stayed for two
months.
5. The learned Public Prosecutor has also submitted that he does
not appear to have criminal antecedents to his credit. Out of 15
accused eight accused including the prime accused have already been
granted bail by this Court. As apprehended, the possibility of
continuing the trial may be delayed, there is no impediment in
granting bail to the petitioner also. He shall be released on bail on the
following conditions:-
i) The petitioner shall execute bond for Rs.1,00,000/-(Rupees
One lakh only) with two solvent sureties each for the like
sum to the satisfaction of the jurisdictional court, one of
the sureties shall be a near relative of the petitioner;
ii) He shall surrender his passport within ten days from the
date of release on bail before the trial court. If he does not
possess a passport, an undertaking shall be filed to that
effect;
iii) He shall not try to contact or influence the witnesses or
B.A.No.4258 of 2021
tamper with the evidence;
iv) Petitioner shall not leave Alappuzha Revenue district, until
the termination of the proceedings;
v) He shall be present before the trial court on all days of
posting;
vi) He shall not involve in any crime during the period on bail;
vii) The petitioner shall strictly follow 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 trial Court will be at liberty to cancel the bail
in accordance with law.
The bail application is allowed as above.
Sd/-
K.HARIPAL
JUDGE
Jms/15.07
//True Copy// P.A to Judge
