Kerala High Court
Mani @ Manikandan vs State Of Kerala on 7 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
BAIL APPL. NO. 6330 OF 2023
Crime No. 517/2004 of Kannur Town Police Station
PETITIONER/S:
MANI @ MANIKANDAN
AGED 39 YEARS
S/O NAGAPPAN@ KARUPPAN, THILANOOR COLONY, PULIKOOL
HOUSE, MOORIYAD P.O, KUTHUPARAMBA, PIN - 670643
BY ADV M.BAIJU NOEL
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SMT.S.SEETHA-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
B.A No. 6330 of 2023
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No. 517/2004 of Kannur Town Police Station. The offences alleged against the petitioner are punishable under Sections 380 and 457 of the Indian Penal Code.
3. The prosecution case is that, during a day in the month of June 2004 at night at 1.30 hours, the petitioner trespassed into the quarters by name 'Sajina quarters' and committed theft of a gold chain weighing 5 ¼ sovereigns worn by a lady, who was sleeping there and thereby committed the offences. The crime was registered in such circumstances. Initially, the petitioner was arrested during the course of investigation and released on bail. However, when the cognizance was taken after the final report was filed, he failed to appear before the learned Magistrate and thereupon a non-bailable warrant was issued against him. Ultimately, when he was arrested in connection with another case in the year 2023, his arrest in this case was recorded on 23.03.2023 and since then, he has been under judicial detention. 3 B.A No. 6330 of 2023 This application for regular bail is submitted in such circumstances.
4. Heard, Sri. M.Baiju Noel, the learned counsel appearing for the petitioner and Smt.Seetha S, the learned Public Prosecutor, appearing for the State.
5. The learned counsel for the petitioner submits that, the petitioner is falsely implicated in this case. The petitioner is ready and willing to cooperate with the trial and shall abide by any conditions that may be imposed by this Court .
6. On the other hand, the learned Public Prosecutor opposes the said application by pointing out that, the petitioner is a habitual offender and he is involved in several other cases of similar nature. The details of the same are as follows.
"1. Kannur Town PS Cr. No.483/2004 U/s 379 IPC
2. Kannur Town PS Cr. No.513/2004 U/s 457, 380 IPC
3. Kannur Town PS Cr. No.511/2004 U/s 457, 380 IPC
4. Kannur Town PS Cr. No.514/2004 U/s 457, 380 IPC
5. Kannur Town PS Cr. No.515/2004 U/s 457, 380 IPC
6. Kannur Town PS Cr. No.516/2004 U/s 457, 380 IPC
7. Kannur Town PS Cr. No.209/2003 U/s 457, 380 IPC
8. Kannur Town PS Cr. No.512/2004 U/s 457, 461, 380 IPC
9. Karikkottakkari PS Cr. No.70/23 U/s 457, 461, 380 IPC" 4 B.A No. 6330 of 2023
7. I have gone through the records. It is true that, there are certain allegations against the petitioner and he is having criminal antecedents as well. However, from the details of the criminal cases in which he was involved, It is seen that, out of 9 cases, 8 cases were registered in the years 2004 and 2003. Only one case is registered in the year 2023. The specific contention put forward by the learned counsel for the petitioner is that, he is ready and willing to cooperate with the trial by making himself available and he could not appear before the learned Magistrate earlier, because he was not aware of the said proceedings. Anyhow, it is a fact that the petitioner has been under judicial custody in this case since 23.03.2023, and more than four months have elapsed.
In such circumstances, taking note of the aforesaid aspects, I am of the view that, further incarceration of the petitioner is not necessary. The petitioner can be released on bail upon stringent conditions to ensure his cooperation with the trial. Accordingly, this application is allowed with the following conditions:
i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent 5 B.A No. 6330 of 2023 sureties for the like sum each to the satisfaction of the jurisdictional Court.
ii) The petitioner shall appear before the trial court as and when required.
iii) The petitioner shall not commit any offence of similar nature while on bail.
iv) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
v) The petitioner shall not leave India without the permission of the trial Court.
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.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk