Ajmal @ Puttu vs The State Of Kerala
2021 Latest Caselaw 23678 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MRS. JUSTICE SHIRCY V.
    TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                          BAIL APPL. NO. 8162 OF 2021
  AGAINST THE ORDER/JUDGMENT IN SC 178/2020 OF ADDITIONAL SESSIONS
                              COURT-I,MAVELIKKARA
              CRIME NO.2263/2019 OF KAYAMKULAM POLICE STATION


PETITIONER:

              AJMAL @ PUTTU
              AGED 22 YEARS
              S/O NISSAMUDHEEN, PUTHENKANDATHIL PARADISE,
              NEAR FISH MARKET,
              KAYAMKULAM ALAPPUZHA DISTRICT.

              BY ADV K.RAKESH



RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM, KOCHI-682031.

     2        THE STATION HOUSE OFFICER
              KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT,
              PIN-690572.


OTHER PRESENT:

              SMT.SREEJA.V- SR.PP




     THIS     BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8162 OF 2021                 2




                                        ORDER

The petitioner is the 3rd accused in crime No.2263/2019 of

Kayamkulam Police Station registered for the offences punishable

under Sections 302, 324, 326, 212 read with Section 34 of the

Indian Penal Code. Now the case is pending before the Additional

Sessions Court-1, Mavelikkara as SC.No.178/2020.

2. This court by an order dated 21/11/2019 has granted

bail to this petitioner imposing certain stringent conditions. It

reads as follows:-

"(a) The applicant shall continue to appear before the Investigating Officer on alternate Mondays between 10 am and 11.a.m., until the said condition is modified by the trial court at an appropriate stage.

(b) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(c) He shall not commit any offence while he is on bail.

(d) He shall not enter the limits of Kayamkulam Police Station for a period of six months except for complying with condition No.(a) of this order.

(e) He shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for

release of the passport, if any, shall be considered by the Trial court at the appropriate stage."

3. A specific condition was imposed by this court to the

effect that he shall not commit any offence while he is on bail.

Another important condition imposed is that he shall not enter

into the limits of Kayamkulam police station for a period of six

months except for complying with condition No.(a) of the order.

This order was dated 21/11/2019.

4. After the said order, as per the report of the Inspector,

SHO, Kayamkulam, this petitioner is indulged in criminal activities

and a case has been registered as Crime No.420/2020 alleging

offences punishable under Sections 143, 147, 148, 149, 294(b)

and 506 of the Indian Penal Code and under Section 27 of the

Arms Act, before the Kayamkulam police station.

5. Another crime has been registered against him as

Crime No.170/2020 of Kanakakunnu police station for having

committed offences punishable under Sections 143, 144, 147,

148, 149, 351, 323, 324, 294(b) and 506 of the IPC. It is

reported that on 13/4/2020 he entered into the limits of

Kayamkulam Police Station violating the order of this court and

met with an accident while riding his motor cycle bearing No. KL-

29 Q 7506 in a rash and negligent manner.

6. Since this petitioner has violated the bail conditions,

the SHO, Kayamkulam on 30/6/2020 filed Crl.MP. No.386/2020 in

SC No.178/2020 for cancelling the bail. The learned Additional

Sessions Judge after considering the entire facts, cancelled the

bail and issued non bailable warrant on 13/10/2021. While the

said order was pending, he again committed an offence on

17/11/2020 at 1.40 hours by trespassing into a workshop owned

by one Ramachandran, aged 70 years and took the key of a car

forcibly and removed the car which was entrusted to the

workshop for repair works after assaulting him and crime was

registered on his complaint as Crime No.1628/2020 under

Sections 452, 341, 323, 324, 394, 506 read with 34 of IPC. This

petitioner is arraigned as the 2nd accused in that case. All the

accused persons including him have been arrested and now they

are undergoing incarceration. At this stage, the learned counsel

has filed this application for his release for bail.

On a mere perusal of the report produced before me, it is so

explicit that this petitioner who was granted bail by this court as

early as on 21/11/2019 had wilfully violated the conditions

imposed on him. Since, the petitioner has violated the bail

conditions and again indulged in criminal activities that too

involving very serious offences, he is not entitled to be released

on bail, at any rate. Hence, I am compelled to dismiss this

petition.

Dismissed.

Sd/-

SHIRCY V.

JUDGE

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