Sachu vs State Of Kerala
2023 Latest Caselaw 9831 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
   WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                      BAIL APPL. NO. 3270 OF 2023
AGAINST THE ORDER/JUDGMENT CMP 633/2023 OF JUDICIAL MAGISTRATE OF
                        FIRST CLASS -I,ATTINGAL
PETITIONER/S:

            SACHU
            AGED 30 YEARS
            S/O. CHANDRAN, CHANDRA BHAVAN, KANIYARUKONAM,
            KEEZHUTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.,
            PIN - 695584
            BY ADV SHAJIN S.HAMEED


RESPONDENT/S:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA, ERNKULAM., PIN - 682031
OTHER PRESENT:

            SR PP K DENNY DEVASSY


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3270 OF 2023
                                        2

                                  ORDER

Dated this the 13 day of September, 2023 th

This application seeking Regular Bail has been filed by the

petitioner, who is the sole accused in Crime No.125/2023 of

Pothencode Police Station, Thiruvananthapuram, where the

petitioner is alleged to have committed offences punishable under

Section 15(4) of the Kerala Anti-Social Activities Prevention Act,

2007 (hereinafter referred as 'KAAP Act', for short).

2. Heard the learned Counsel for the petitioner and the

learned Public Prosecutor in detail. Perused the records available.

3. The prosecution case is that, the petitioner herein who

has involvement in 7 criminal cases at Pothencode Police Station

was restrained from entering the limits of Pothencode Police

Station as per order No.SIT-16971/2022/TR dated 26.12.2022

passed by DIG, Thiruvananthapuram. While the said restriction

order was in force, the accused/petitioner herein, violated the

restriction order passed under Section 15(1) of the Kerala Anti-

social Activities (Prevention) Act, 2007 (hereinafter referred as

'KAAPA Act'), reached at his residence at Kaniyarukonam, within

the limits of Pothencode Police Station and manhandled his father

and for which crime No.126/2023 of Pothencode Police Station BAIL APPL. NO. 3270 OF 2023

was registered alleging commission of offences punishable under

Sections 294(b), 341, 323, 324 and 506(i) of IPC and also this

crime, viz crime No. 125/2023 was registered alleging commission

of offences punishable under Section 15(4) of the KAAPA Act,

alleging violation of the restriction order.

4. The learned Counsel for the petitioner submits that the

petitioner has been in custody from 19.01.2023 onwards and

thereafter, this Court, as per order dated 25.07.2023, granted

interim bail to the petitioner. Now the petitioner has been

continuing on interim bail. In consideration of the fact that he has

been in custody for a period of about 6 months prior to his release

on interim bail, he may be released on Regular Bail by imposing

conditions.

5. The learned Public Prosecutor would submit that during

the currency of interim bail period also, the petitioner involved in

an offence on the allegation of drunken driving, though, no other

serious offences are reported against him on this matter, as rightly

argued by the learned Counsel for the petitioner, the petitioner

was released on interim bail on 25.07.2023, since he completed

custody for a period of six months. I, in the above circumstances,

am inclined to release the petitioner on Regular Bail on conditions BAIL APPL. NO. 3270 OF 2023

and with specific direction to the petitioner that he shall not

involve in any crime during the currency of bail and any event

reported or come to the notice in this Court, the same shall be

reason to cancel the bail hereby granted.

i. The petitioner shall be released on bail on his

executing bond for Rs.50,000/- (Rupees Fifty

Thousand Only) with two solvent sureties, each for

the like amount to the satisfaction of the Court

concerned.

ii. The petitioner shall not intimidate the

witnesses or tamper with evidence.

iii. The petitioner shall not, directly or

indirectly, make any inducement, threat or promise

to any person acquainted with the facts of this case,

so as to dissuade him from disclosing such facts to

the court or to any police officer.

iv. The petitioner shall not leave the State of

Kerala during the currency of bail and he shall

surrender his passport before the Court concerned

on the date of execution of the bail bond. If the BAIL APPL. NO. 3270 OF 2023

petitioner has no passport, he shall file an affidavit to

that effect, instead of surrendering passport, on the

same day.

v. The petitioner shall appear before the Court

on all posting dates of the case, without fail and co-

operate with trial. On failure to do so, the same is a

reason to cancel the bail hereby granted.

vi. The petitioner shall not involve in any other

offence during the currency of bail and he shall not

disturb or cause hazard to his father or his family

members in any manner. Any such event, if reported

or came to the notice of this court, the same shall

also be a reason for cancellation of the bail hereby

granted.

sd/-

A. BADHARUDEEN JUDGE

Nsd BAIL APPL. NO. 3270 OF 2023

APPENDIX OF BAIL APPL. 3270/2023

PETITIONER ANNEXURES Annexure-A PHOTOCOPY OF THE FIR IN CRIME NO.125/2023 OF POTHENCODE POLICE STATION.

Annexure-B PHOTOCOPY OF THE ORDER DATED 02/02/2023 IN CMP.NO.633/2023 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-I, ATTINGAL.

Annexure-C PHOTOCOPY OF THE ORDER DATED 23/03/2023 IN B.A.NO.1649/2023 OF THIS HONORABLE COURT.