The court denies bail based on the commission of further offences while on bail, emphasizing the need for adherence to bail conditions.

O R D E R

This fourth bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ) seeking regular bail.

2. The applicant is the accused No.1 in Crime No.991/2022 of Chengannur Police Station, Alappuzha District. The offences alleged are punishable under Sections 363 , 366, 366A, 354A(1)(i), 376(2)(n) and 120(b) of the IPC and Sections 4 (2) read with 3, 6 read with 5 and 8 read with 7 of the Protection of Children from Sexual Offences Act , 2012 (for short, 'the PoCSO Act').

3. As per order dated 01.03.2023, the learned Special Judge, Alappuzha granted bail to the applicant in Crime No.991/2022 of Chengannur Police station, Alappuzha. While granting bail, the Court imposed the following conditions:

“1. The petitioner/1st accused shall be released on bail on executing bond for Rs.50,000/ with two solvent sureties each for the like sum.

2. The petitioner shall appear before the Investigating Officer as and when directed.

3. The petitioner shall not make any attempt, either directly or through any person or means, to communicate with the victim or her parents in any manner.

4. The petitioner shall not intimidate or influence the witnesses in this case.

5. The petitioner shall not involve in any offence, while on bail.”

4. Subsequently, another FIR was registered against the applicant on 29.07.2024 alleging offences under Sections 332(c) and 74 of the BNS by the Nooranadu Police, Alappuzha. The Investigating Officer submitted a report before the Court. The learned Special Judge, Alappuzha cancelled his bail on the ground that he committed the offences under Sections 332(c) and 74 of the BNS in violation of the conditions afore mentioned. Therefore, the applicant was arrested and remanded to custody.

5. I have heard Sri. Abhijith Sreekumar, the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

6. The learned counsel for the applicant submitted that subsequent crime was registered after a year, and the binding effect of the conditions will not extend throughout the trial. 7. The record would show that the applicant was granted bail by the Sessions Court, Alappuzha and thereafter, he again committed almost similar offence and offences against women under Sections 74 and 332 of the BNS. There is no change of circumstances after the dismissal of the third bail application. Hence, I am not inclined to grant bail to the applicant.

The bail application, accordingly, is dismissed.

Sd/-