ORDER

This is an application for regular bail.

2. Petitioner is the accused in Crime No.812/2021 of Marayoor police station, alleging commission of offence under Section 15(4) of the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as ‘the KAAPA Act).

3. Allegation against the petitioner is that in violation of an order passed by the competent authority under the provisions of the KAAPA Act, the petitioner was found visiting his house situated within the jurisdictional limits of the Idukki police station.

4. Learned counsel appearing for the petitioner submits that the petitioner has been in custody for 37 days and his continued detention is not necessary in the matter. It is submitted that the allegation that the petitioner had violated the order under the KAAPA Act is not correct. It is submitted that a final report has already been filed in the matter and that the continued detention of the petitioner is not necessary for the purpose of any investigation.

5. Learned Public Prosecutor points out the circumstances under which the order under the provisions of KAAPA Act has been passed against the petitioner. It is submitted that the petitioner is a notorious criminal and the very purpose of issuing an order under the KAAPA Act will be defeated, if the petitioner violates the order. It is submitted that a final report has already been filed against the petitioner in the above crime.

6. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 37 days, I am inclined to grant bail to the petitioner subject to strict conditions including a condition that he shall not violate any order passed by the competent authority under the provisions of the KAAPA Act. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall not attempt to influence or intimidate any witness in Crime No. 812/2021 of Marayoor police station;

(iii) The petitioner shall not violate any order passed by the competent authority under the KAAPA Act.

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.812/2021 of Marayoor police station may file an application before the jurisdictional court, for cancellation of bail.