Rojan @ Thomas Mathew vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the 6th accused in Crime No.2060 of 2018 of Chingavanam Police Station, where, he alleged to have committed offences under Sections 143, 147, 148, 452, 294(b), 506(ii), 308 r/w 149 IPC.

Allegation of the prosecution is that, on 24.09.2018 at about 11.30 p.m., the petitioner along with other accused formed into an unlawful assembly with knowledge that they also were members of the said assembly with intention to do away the de-facto complainant. Thereafter the accused assaulted the de-facto complainant by using an iron rod. According to the prosecution, if the attack was not evaded, she should have been killed in the occurrence. This is the base on which the prosecution case runs.

It is argued by the learned counsel for the petitioner/6th accused that, the Sessions Court denied bail to the petitioner, who has been in custody from 02.09.2021, highlighting criminal antecedents to the petitioner on the finding that the petitioner had involvement in eleven (11) cases. It is argued by the learned counsel for the petitioner further that only 9 cases in which the petitioner had involvement and out of which 5 cases alone are pending and all other cases ended in acquittal.

It is submitted by the learned Public Prosecutor that, his criminal antecedents do not justify his claim for bail. Though the learned Public Prosecutor was directed to elicit the nature of crimes the petitioner involved, he did not produce the details. But he submitted that the petitioner had involvement in 2 cases in which offences under Sections 308 IPC also alleged to have been committed.

In this case, as submitted by both sides, final report has been already filed and the case is pending as S.C.No.499/2021, before the Sessions Court, Kottayam. It is true that the criminal antecedents and the tendency of the petitioner in committing repeated crimes, is a matter of serious concern. However, I am of the view that, taking note of his prolonged custody from 02.09.2021, he can be released on bail on strict conditions with specific direction not to involve in any crimes during the currency of the bail hereby granted. Accordingly, this petition stands allowed on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties,each for the like amount to the satisfaction of the Sessions court concerned.

ii. The petitioner shall co-operate with COVID-19 restrictions.

iii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with trial and shall be available for trial.

iv. The petitioner shall not leave the jurisdiction without prior permission of the trial court.

v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.