Back
2022 Supreme(Online)(KER) 54889
HIGH COURT OF KERALA
VIJU ABRAHAM, J
SOORYA – Appellant
Versus
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR – Respondent
Bail Appl./6187/2022
C.SREEJITH (ELAMAKKARA), V.P.REJITHA (PUZHAKKALIDOM), SARITHA.V.P
A history of violating bail conditions and committing serious offences justifies the denial of bail.
Headnote:
Bail - Accused - Kerala Anti Social Activities (Prevention) Act, 2007 & IPC Sections - The court scrutinized the violations of bail conditions and the accused's history of criminal activity, leading to the denial of bail.
Fact of the Case:
The petitioner was accused in two crimes involving serious offences under both the Kerala Anti Social Activities (Prevention) Act, 2007 and various sections of the IPC. Arrested and remanded under judicial custody after violating detention orders and previous bail conditions, he was a habitual offender with multiple pending cases.
Finding of the Court:
The court found that the petitioner had a history of violating bail conditions and engaging in serious criminal conduct. The involvement in multiple cases indicated that he posed a risk of reoffending if released.
Issues: Whether the petitioner should be granted bail considering his history of violations and the nature of the charges against him.
Ratio Decidendi: The court held that due to the petitioner's repeated violations of bail conditions and his ongoing involvement in serious criminal activities, granting bail was not warranted.
Final Decision: The application for bail was dismissed.
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
