Denial of bail based on the gravity of allegations and prior criminal history.

K.BABU, J.

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B.A No.12915 of 2025 ---------------------------------------

Dated this the 27^th day of October, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the 3^rd accused in Crime No.644/2024 of Ernakulam North Police Station. The offences alleged against the petitioner are punishable under Sections 394 , 452 and 354 read with Section 34 of the Indian Penal Code , 1860.

3. The petitioner was arrested on 14.06.2024 and he has been in judicial custody since then.

4. The prosecution case as narrated in Annexure 2 order reads thus:

“On 14.06.2024 at 02.15 a.m. all the accused shared a common object and trespassed into the Building where CW1 was residing and unleashed violence on CW1, CW2 and CW3 and robbed several properties such as gold ornaments, cash, ATM cards, mobile phones, Aadhar card, debit cards, credit cards, Laptop and also stole a Ford Fiesta Car belongs to CW10 and thus all the accused committed robbery of the properties worth ₹6,00,000. In executing the crime the accused used sword sticks, knife and iron rods. The accused beat CW1 on his head with iron rod when committing robbery. Thus all the accused have committed offences as above” [SIC]

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that having regard to the fact that the other accused were released on bail and the police submitted final report, the petitioner is entitled to be released on bail. The learned counsel submitted that the prolonged custody of the petitioner will adversely affect him defending his case.

7. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the petitioner is the accused in 20 other crimes. The learned Public Prosecutor also submitted that release of the petitioner will adversely affect the trial of the case. The learned Public Prosecutor further submitted that the petitioner will not cooperate with the trial and the petitioner will repeat similar crimes, if he is released on bail. The learned Public Prosecutor further submitted that the release of the petitioner will result in threatening the witnesses.

8. I have gone through the Case Diary. The offences alleged are grave in nature. The petitioner is the accused in the following crimes:

“1) Crime No. 309/19, U/S 341, 323, 324, 34 IPC Pavaratty PS

2) Crime No. 402/19, U/S 341, 324, 308, 506, 34 IPC Pavaratty PS 3) Crime No. 786/18, U/S 341, 323, 376, 506 , 81(40)R/W 82 of Prisoner’s Act Viyyur PS

4) Crime No. 587/20, U/S 341, 323, 506, 427, 34 IPC Guruvayoor temple PS

5) Crime No. 315/15, U/S 394, 435, 34 IPC Pavaratty PS

6) Crime No. 285/18, U/S 395 IPC Chavakkad PS

7) Crime No. 950/21, U/S 143, 147, 148, 447, 452, 294b, 506, 149 IPC Chavakkad PS

8) Crime No. 38/23, U/S 151 IPC Pavaratty PS

9) Crime No. 359/21, U/S 143, 147, 148, 341, 323, 324, 326, 149, 294b, 506, 307 IPC Chavakkad PS

10) Crime No. 203/23, U/S 341, 323, 324, 394, 294b, 506, 365, 201, 34 IPC Pavaratty PS

11) Crime No. 1181/21, U/S 151 CrPC Pavaratty PS

12) Crime No. 86/21, U/S 279, IPC 3(1) R/W 181 MV Act Guruvayoor temple PS

13) Crime No. 1051/21, U/S 27 NDPS Act Chavakkad PS

14) Crime No. 651/21, U/S 20(b)IIA Viyyur PS

15) Crime No. 412/20, U/S 188, 269 IPC , 118(e) KP Act, KEDO Act Pavaratty PS

16) Crime No. 341/18, U/S 506(ii), 394 IPC Cherp PS

17) Crime No. 285/18, U/S 395 IPC Chavakkad PS

18) Crime No. 1187/20, U/S 341, 323, 324, 363, 308, 34 IPC Anthikad PS

19) Crime No. 335/18, U/S 392 IPC Anthikad PS

20) Crime No. 406/18, U/S 341, 323 IPC 81(11) R/W 82 of Prisoner’s Act Viyyur PS.”

9. Having regard to the nature of the allegations and antecedents of the petitioner, I am of the view that the petitioner is not entitled to be released on bail.

Therefore, the Bail Application stands dismissed. The trial court is directed to expedite the trial in the matter.