C.S.Dias, J
1. The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 7th accused in Crime No.1886/2021 of the Kannur Town Police Station, Kannur, registered against the accused (7 in number) for allegedly committing the offences punishable under Sections 143, 147, 148, 341, 363, 506(ii), 324, 326 and 307 r/w Section 149 of the Indian Penal Code,
2. The essence of the prosecution case is that: on 27.11.2021, at around 14.30 hours, when the de facto complainant and his friend were talking, the accused went in a car and attacked them with deadly weapons. The first accused attacked the de facto complainant with a sword stick on his legs, hands and head and caused grievous injuries to him. Thus, the accused have committed the above offences.
3. The petitioner’s case is that, even though he was enlarged on bail by the Trial Court, since he failed to appear at the stage of trial, his bail bond was cancelled and a warrant of arrest was issued against him and he was apprehended on 13.1.2024. Although the petitioner filed an application as Crl.M.C No.366/2024 before the Court of Session, Thalassery, the same was dismissed by Annexure A2 order, holding that there is a likelihood of flight risk. Aggrieved by the said order, the present application.
4. Heard; Sri.M.V Vipindas, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been wrongfully detained in judicial custody. In fact, the petitioner did not receive any summons or warrant from the Trial Court. It is only in the said circumstances, the petitioner did not appear before the Trial Court. The petitioner is ready to abide by any stringent condition that may be imposed by this Court and co-operate with the trial. In any given case, the petitioner has been in judicial custody since, 13.1.2024. Hence, the application may be allowed.
6. The learned Public Prosecutor opposed the application. He submitted that the petitioner had deliberately failed to appear before the Trial Court, despite receipt of summons. Moreover, the petitioner is involved in two other cases for allegedly committing similar offences. If the petitioner is enlarged on bail, there is every likelihood of the petitioner again fleeing from justice and the trial getting procrastinated. Hence, the application may be dismissed.
7. On a perusal of the materials on record, it is seen that the petitioner was enlarged on bail by the Trial Court. Subsequently, on the finding that the petitioner failed to appear before the Trial Court, despite service of summons and warrant, his bail bond was canceled and he was arrested, and remanded to judicial custody on
13.1.2024. The petitioner undertakes that he shall appear before the Trial Court and co-operate with the trial. Any stringent condition may be imposed, but he may be enlarged on bail.
8. On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, especially taking into account the fact that the petitioner was already enlarged on bail and subsequently he was arrested and sent to judicial custody for the reason that he did not appear before the Trial Court, despite service of summons, I am of the view that a lenient view be taken in the matter, but subject to the condition that the petitioner appears before the Trial Court and co-operates for the completion of the trial. Hence, I am inclined to allow the bail application.
In the result, the application is allowed, by directing the petitioner to 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 Trial Court, which shall be subject to the following conditions:
(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m till the final determination of the above case.
(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;
(iii) The petitioner shall not commit any offence while they are on bail;
(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;
(v) The petitioner shall not leave the territorial jurisdiction of the Court of Session, Thalassery without the prior permission of the jurisdictional court.
(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.
(vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.
