Satheesh vs State Of Kerala
2021 Latest Caselaw 13050 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
       FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
                       BAIL APPL. NO. 4789 OF 2021
  AGAINST THE ORDER/JUDGMENT IN SC 124/2021 OF ADDITIONAL DISTRICT
  COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL , NORTH PARAVUR, ERNAKULAM


PETITIONER/S:

           SATHEESH
           AGED 27 YEARS
           S/O.KUTTAPPAN, PERUMBANKUDIYIL HOUSE, KURUMASSERY,
           PARAKKADAVU VILLAGE, ERNAKULAM DISTRICT - 683 579.

           BY ADV C.P.TENNY



RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY INSPECTOR OF POLICE, ANGAMALY POLICE
           STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH
           COURT OF KERALA, ERNAKULAM.


OTHER PRESENT:

           SRI.SANTHOSH PETER SR PP



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4789 OF 2021           2



                              O R D E R

Dated this the 18th day of June 2021

Application for regular bail under Section 439 of Cr.P.C.

This is a third regular bail application filed by the applicant, who

is the 7th accused in Crime No.1827/2019 of Angamaly Police Station

for having allegedly committed offences punishable under Sections

307 and 395 of the IPC.

2. The final report has already been filed after the conclusion of

the investigation, and the case is presently pending as SC

No.124/2021 on the files of the Additional District and Sessions

Court-I, North Paravoor. It is submitted that the trial is likely to get

protracted because of the pandemic. All the remaining accused have

granted bail. The bail was repeatedly denied to the applicant for the

reason that he is a history-sheeter having five other crimes registered

against him and proceedings were also initiated under Section 15(1)

of the KAPPA Act. It was found that in case he is released on bail,

there is every possibility that he may intimidate the witnesses.

3. It is submitted by the learned counsel appearing for the

applicant that even the charge has not been framed and read over so

far, because of the pandemic situation, there is every possibility that

the trial being protracted. Moreover, the applicant had got infected

with the Covid19 virus, and he is physically very weak. He may have

to remain incarcerated for a long time as an undertrial and that may

endanger his life. Hence, he prays that his bail application may be

favourably considered under the changed circumstances.

4. Heard the learned counsel for the applicant and the learned

Public Prosecutor.

5. The fact that the applicant had contacted COVID 19 is not

disputed. Considering the fact that the trial may take longer to

conclude, and that all the rest of the accused are on bail, I find that

further incarceration of the applicant, in view of the present COVID 19

pandemic situation, need not be necessary. Hence, the Bail

Application is allowed and the applicant is directed to be released on

bail on the execution of bond for Rs. 50,000/-(Rupees fifty thousand

only) with two solvent sureties, each for the like amount to the

satisfaction of the jurisdictional court and on following conditions:-

(i) He shall not enter the Angamaly Police Station limits till the

prime witnesses are all examined. This condition can be relaxed by

the trial court once the prime witnesses are examined.

(ii) He shall not get involved in similar cases during the currency

of the bail.

(iii) He shall appear before the investigating officer as and when

called for.

(iv) He shall not tamper with evidence, intimidate or influence

the witnesses.

In case of violation of the bail conditions, the prosecution is at

liberty to move for cancellation of the bail before the jurisdictional

court.

Sd/-

ASHOK MENON

JUDGE

rmm