Repeated serious criminal activity by a petitioner justifies denial of bail to prevent further offenses and ensure the safety of witnesses.

ORDER

The offences alleged against the petitioner in crime No.

1204/2018 of Eravipuram Police Station are punishable under Sections 307 , 324, 34 and 506 IPC and Section 27 of the Arms Act . It is seen that a formal arrest was recorded on 20.12.2018 and that bail was granted in the said case on 30.03.2019.

2. The allegation against the petitioner and the other accused is that they have attacked the defacto complainant with a sword and in the alleged incident the defacto complainant sustained serious injuries. The present case which led to the cancellation of bail is Crime No. 671/2022 punishable under Section 294 (b), 452, 323, 324, 308, 506 r/w 34 IPC and the same is of a serious nature, which is an attempt to commit culpable homicide. In the judgment relied on by the petitioner in Crl. M.C. No. 2807/2022, though the court held that the involvement of the petitioner in subsequent crime itself will not be a reason for cancellation of bail, the court has also held that no hard and fast rules can be laid down and it differs from case to case. It is seen that the petitioner is involved in 15 other criminal cases, the details of which are given below:

1) Eravipuram PS Cr. No.234/2013 U/ss.323, 308, 34 IPC and Sec. 27 of Arms Act .

2) Eravipuram PS Cr.No.1342/2016 U/s.294(b), 452, 506(ii), 34 IPC and Sec.27 of Arms Act .

3) Eravipuram PS Cr.No.1457/2016 U/s.450,324, 326. 307, 294(b), 34 IPC .

4) Kottiyam PS Cr.No.2285/2017 U/ss.2285/2017

395,216(A) and 411 of the IPC

5) Kollam Exchange Range Office Cr.No.20/2018 U/Ss.20bXX(B), 29 of NDPS Act.

6) Kilikolloor PS Cr.No.176/2018 U/s 341.294(b), 323,324.308,34ofPC.

7) Kilikolloor PS.Cr.No.1026/2018 U/s 4, 3(a),17.16 of POCSO Act.

Kilkollor PS Cr.No.1031/2018 U/ss 366(A), 376(2)(n)

IPC .

9) Eravipuram PS Cr.No. 882/2019 U/ss. 341, 324, 323 and 506 34 IPC . 10) Eravipuram PS Cr.No.945/2019 U/ss. 294(b), 341,506(2), 323 324 326, 308,397.34 .

11) Kollam West PS Cr.No. 307/2019 U/ss. 323

324,294(b), 353 and 506 IPC .

12) Kottiyam PS Cr.No. 850/2019 U/ss. 294(b) 324, 307 and 506(2) IPC

13) Eravipunim P.S Cr.No. 2493/2020 U/ss. 341, 294(b). 506(ii), 324, 307 and 34 of IPC .

14) Kottiyam PS Cr.No. 2172/2020 U/ss. 323 324

326, 307 and 34 of IPC .

15) Eravipuram PS Cr.No.671/2022 U/ss. 294(b)

452, 323, 324, 308 and 506 and 34 of IPC .

It is seen that bail was granted in this case on 30.03.2019 and that the petitioner is involved in at least 3 cases which are of serious nature, after his release on bail.

3. The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner is a habitual offender and taking note of the fact that the petitioner is involved in 15 other crimes, there is every chance for the petitioner to repeat similar crimes if released on bail and also to intimidate the witnesses and to flea from clutches of law. The learned Public Prosecutor further submits upon instructions that the petitioner soon after release on bail commits offences of grievous nature. It is also submitted that the petitioner uses a particular kind of weapon and goes around frightening people and also uses it against any person who does not listen to his words and that whenever he is released on bail, he contacts the witnesses, etc, and coerces them to depose in his favour.

Considering the facts and circumstances enumerated above, I find no reason to grant bail to the petitioner at this stage, and the bail application is accordingly dismissed.