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2022 Supreme(Online)(KER) 54892
HIGH COURT OF KERALA
VIJU ABRAHAM, J
SOORYA – Appellant
Versus
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR – Respondent
Bail Appl./6185/2022
C.SREEJITH (ELAMAKKARA), V.P.REJITHA (PUZHAKKALIDOM), SARITHA.V.P
The court affirmed that repeated bail violations by a defendant engaged in serious criminal conduct justify denying bail.
Headnote:
Bail - Criminal Proceedings - Kerala Anti Social Activities (Prevention) Act, 2007 - Sections 15(4), IPC - Summary: The court evaluated the petitioner's repeated violations of bail conditions and ongoing criminal activities, underscoring the legal framework governing preventive detention and its implications on bail applications.
Fact of the Case:
The petitioner faces charges under the Kerala Anti Social Activities (Prevention) Act and IPC for allegedly violating a detention order and for multiple violent offenses. He has been in judicial custody for 136 days following his arrest.
Issues: Whether the petitioner should be granted bail despite a history of bail violations and serious ongoing criminal charges.
Ratio Decidendi: The court emphasized the applicant's repeated disregard for legal restrictions and the public interest, ruling that bail is inappropriate given the serious nature of the charges and the petitioner's criminal history.
Final Decision: Bail application dismissed due to habitual offense and violations.
ORDER
The petitioner in BA No. 6185/2022 is the accused in Crime No.
157/2022 of Marayoor Police Station, Idukki District registered for the offences under Section 15 (4) of the Kerala Anti Social Activities (Prevention) Act, 2007 . It is alleged that the crime was registered on 16.03.2022 based on the allegation that the petitioner by violating the detention order passed by the Range DIG of Police asking him to stay away from the jurisdictional limit of District Police Chief, Idukki for a period of six months and was found in the house of the petitioner and on seeing the police, ran into the forest. On the basis of the said allegation, the above crime was registered and the petitioner was arrested on 17.03.2022. The true copy of the registered FIR in Crime No. 157/2022 dated 16/03/2022 of Marayur police station. is produced herewith and may be marked as Annexure No. 1. 3. The petitioner was arrested on 17- 03-2022 and produced before the Hon'ble Judicial First Class Magistrate Court at Devikulam and remanded the petitioner/accused under judicial custody. He is under judicial custody for 136 days.
2. The petitioner in BA No. 6187/2022 is the accused in Crime No. 156/2022 of Marayoor Police Station, Idukki District registered for the offences under Sections 294 (b),341,324,143,147,148,308,149 of IPC . It is alleged that the crime was registered on 16.03.2022 based on the allegation that at 5 p.m. the petitioner along with four others wrongly confined the complainant while he was travelling in an autorickshaw. It is further alleged that the accused No.2 to 5 pulled out the complainant from the autorickshaw and the petitioner uttered obscene words towards the de facto complainant and attacked him with a knife as a result injury occurred on his back and it is further alleged that in an attempt by the de facto complainant to block the second blow with his hand it caused injury to his finger and hence the petitioner has committed offences U/s 294(b),341,324,143,147,148,308,149 of . The petitioner was arrested on 17-03-2022 and produced before the Hon'ble Judicial First Class Magistrate Court at Devikulam and remanded the petitioner under judicial custody.
3. Learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner earlier also violated the KAPPA conditions and this court has taken a lenient view as per Annexure 5 Order and granted bail to the petitioner and the present crime is committed even in violation of the directions in Annexure 5 Order. Taking note of these facts, this court has earlier dismissed bail applications filed by the petitioner in both the crimes as per Annexure 2 order. Learned Public Prosecutor upon instructions further submitted that while he is now in judicial custody, the KAPPA Authority has issued further orders bearing no. DCIDK/4196/20-22-E5 dated 19.07.2022 ordering his detention and now he is continuing under preventive detention in Central Prison, Viyyur. Learned Public Prosecutor further submitted that the petitioner is involved in nine other cases other than the two cases now registered and the details of the same are as given below:
1. Cr No. 487/2017 u/s 294(b), 353 IPC , 3(2)e of PDPP Act.
2. Cr No 139/2019 u/s 294(b), 452, 427, 308, 324, 34IPC.
3.Cr No. 205/2019 u/s 447,341,324 394 IPC .
4. Cr No. 313/17 U/S 447,379 IPC
5. Cr No. 583/20, U/s 143,144,147, 447, 294(b), 323, 324, 326, 427, read with Section149 IPC . 6.Cr No 527/20, U/s 380, 511 .
7. Cr No. 380/2021 u/s 294(b), 323, 341, 354, 354(A)
(IV),324, 34IPC
8. Cr No 812/2021 U/s 15(4), 19 of KAAPA 2007.
9 Cr No. 156/2022 u/s 294(b), 341, 324, 143, 147, 148, 308, 149 IPC .”
The petitioner is a habitual offender and he has violated the bail conditions and has been involved in criminal cases of serious nature.
Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is involved in several other criminal cases and has violated the
