1. The petitioner is the sole accused in Crime No.1678/2022 of Thiruvalla Police Station. The offences alleged against the petitioner are punishable under Sections 15(4) and 19 of the Kerala Anti Social Activities (Prevention) Act (for short 'KAAPA')
2. The allegation against the petitioner is that, while an order under Section 15(4) of the KAAPA was in force against the petitioner, directing him not to enter into the limits of Pathanamthitta district, he violated the said order and entered within the prohibited area and committed the crime involving the offences punishable under Sections 341, 294(b), 506(i), 323, 324, 365, 394, 398 and 414 r/w Section 34 of IPC. The crime was registered in such circumstances against the petitioner under the provisions of KAAPA and as part of investigation, he was arrested on 1.10.2022. Since then, he has been under judicial custody. This application for regular bail is submitted in such circumstances.
3. Heard Sri.Sasith M.R, the learned counsel appearing for the petitioner and Sri.Vipin Narayan, the learned Public Prosecutor appearing for the respondent.
4. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations and he has been falsely implicated. He further submits that he is under detention since 1.10.2022 and there is no purpose in keeping the petitioner under detention. The petitioner further submits that he is prepared to abide any conditions that may be imposed by this Court.
5. On the other hand the learned Public Prosecutor opposed the application for bail. It is pointed out that, the petitioner is having antecedents and the proceedings under the KAAPA was initiated in such circumstances. However, it is confirmed that the investigation in this case is already over and the final report is submitted.
6. On a perusal of the records, it is seen that, there are allegations against the petitioner. But the fact remains that the petitioner is in custody since 1.10.2022 and the investigation in this case is already over. In such circumstances, no purpose will be served by keeping the petitioner under detention. Therefore, the petitioner can be released on bail by incorporating appropriate conditions.
7. Accordingly, this application for bail is allowed and the petitioner is directed to be released on bail subject to the following conditions:
1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday for a period of two months.
3) The petitioner shall appear before the Investigating Officer as and when required.
4) The petitioner shall not commit any offence of similar nature while on bail.
5) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
6) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.
8. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.