Ron Mathew vs State Of Kerala
2022 Latest Caselaw 10391 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                       BAIL APPL. NO. 7689 OF 2022
         CRIME NO.677/2022 OF Melukkavu Police Station, Kottayam
    AGAINST THE ORDER/JUDGMENT CRMP 2059/2022 OF DISTRICT COURT &
                           SESSIONS COURT,KOTTAYAM


PETITIONER/3RD ACCUSED:

             RON MATHEW
             S/O. MATHEW, AGED 32 YEARS,
             THYPARAMBIL HOUSE, CHERUKOL VILLAGE,
             RANNI TALUK, PATHANAMTHITTA DISTRICT - 689650

             BY ADVS.
             P.C.HARIDAS
             P.S.GOVIND


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM

     2       STATION HOUSE OFFICER,
             MELUKAVU POLICE STATION,
             KOTTAYAM DISTRICT - 686652

             SRI.SUDHEER.G. - PP


     THIS    BAIL   APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7689 OF 2022
                                   2

               BECHU KURIAN THOMAS, J.
        ===========================
                  B.A.No. 7689 of 2022
        ============================
           Dated this the 7th day of October, 2022

                                 ORDER

This is an application seeking regular bail filed under

Section 439 of the Code of Criminal Procedure, 1973.

2. Petitioner is the 3rd accused in Crime

No.677/2022 of the Melukavu Police Station, alleging

offences punishable under Sections 452, 392, 394, 427,

212 and 201 of Indian penal Code, 1860.

3. According to the prosecution, on 16.07.2022,

the accused trespassed into the house of the defacto

complainant after breaking open the door and after

destroying the house hold articles, assaulted the defacto

complainant and took away her car and thereby

committed the offences alleged.

4. Shri.P.C.Haridas, the learned counsel for the

petitioner contended that the prosecution allegations are

false and the incident as alleged had never occurred. It BAIL APPL. NO. 7689 OF 2022

was also pointed out that petitioner was arrested on

01.08.2022 and that his continued detention is not

essential for the purpose of the prosecution.

5. Shri.Sudheer.G., the learned Public Prosecutor

opposed the grant of bail and submitted that even though

the final report was filed on 12.09.2022, the petitioner

ought not to be released on bail since there is a possibility

of him influencing the witnesses.

6. I have considered the rival contentions.

Petitioner is the 3rd accused in the crime. Even though the

allegations against the petitioner are serious in nature, I

am of the view that his continued detention is not

essential for the purpose of the prosecution, especially

since the final report has already been filed.

7. Accordingly, I allow the application on the

following conditions:

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

BAIL APPL. NO. 7689 OF 2022

(b) Petitioner shall co-operate with the trial of the case.

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

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the

application for cancellation, if any, and pass appropriate

orders in accordance with the law, notwithstanding the bail

having been granted by this Court.

BECHU KURIAN THOMAS JUDGE nak