## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE C.S.DIAS**
**MONDAY, THE 10[TH] DAY OF JUNE 2024 / 20TH JYAISHTA, 1946**
**BAIL APPL. NO. 2178 OF 2024**
**CRIME NO.349/2022 OF Angamali Police Station, Ernakulam**
**AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1831 OF 2023 OF ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL , NORTH PARAVUR**
## **PETITIONER/S:**
**ASHIK, AGED 30 YEARS S/O. MANOHARAN, VALIYOLI HOUSE, KIDANGOOR, THURAVOOR VILLAGE, ALUVATALUK, ERNAKULAM DISTRICT, PIN - 683572**
**BY ADVS. EBIN V.Y. SADIK ISMAYIL**
## **RESPONDENT/S:**
- **1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031**
**2 THE STATION HOUSE OFFICER, ANGAMALY POLICE STATION, ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572**
## **OTHER PRESENT:**
## **SR PP SRI C S HRITHWIK**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
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## **ORDER**
The application is filed under Section 438 of the Code of Criminal Procedure, 1973 by the 1st accused in Crime No.349/2022 of the Angamali Police Station, Ernakulam, registered against him, for allegedly committing the offences punishable under Sections 143, 147, 148, 341, 308, 326, 427 read with Section 149 of the Indian Penal Code. The petitioner was arrested on 13.07.2023.
2. The gist of the prosecution case in Crime No.349/2022 is that: on 04.04.2022, at around 18.45 hours, the accused, in furtherance of their common intention, restrained the car driven by the defacto complainant and voluntarily hurt him with dangerous weapons. The defacto complainant suffered grievous injuries. Thus, the accused have committed the above offences.
3. Subsequently, the petitioner was enlarged on bail by the Jurisdictional Magistrate as per the order dated
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06.07.2022 in C.M.P No.1126/2022 subject to the condition that he should not get involved in similar offences, while he is on bail.
4. The prosecution alleges that after the petitioner was enlarged on bail, on 06.07.2022, he got involved in Crime No.215/2023 of the very same Police Station, for allegedly committing the offences punishable under Sections 341, 323, 294(b), 308, 506 and 394 r/w Section 34 of the IPC.
5. Consequently, the Investigating Officer filed an application to cancel the bail granted to the petitioner. Accordingly, the Jurisdictional Magistrate, by Annexure 1 order dated 13.07.2023, cancelled the bail bond of the petitioner in Crime No.349/2022 due to his post bail conduct for misusing the liberty that was granted to him.
6. Later, the petitioner filed C.M.P No.409/2024 before the Court of Session, N.Paravur, to enlarge the petitioner on bail. By Annexure 2 order, the learned Sessions Judge dismissed the application on the ground of the petitioner's post bail conduct and that proceedings
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under the Kerala Anti Social Activities (Prevention) Act, 2007 have been initiated against him.
7. Aggrieved by Annexures 1 and 2 orders passed by the courts below and to enlarge the petitioner on bail, the present application is filed.
8. Heard; Sri. Ebin V.Y., the learned counsel appearing for the petitioner and Sri. C.S.Hrithwik, the learned Public Prosecutor.
9. The learned counsel for the petitioner strenuously argued that the learned Magistrate as well as the learned Sessions Judge have failed to take note of the fact that the offences alleged in Crime No.215/2023 cannot be attributed against the petitioner. The Investigating Officer has deliberately implicated the petitioner as an accused in the said crime to get his bail bond cancelled. Moreover, a reading of Annexure 8 deposition given by PW2 in the present crime would establish that he has not witnessed the incident. Therefore, ultimately, the petitioner would be entitled to
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an order of acquittal. It is without considering all these aspects, the learned Sessions Judge has rejected the petitioner’s application for bail. The petitioner has not misused the liberty granted to him. The petitioner's mother is suffering from various ailments and he is the sole bread winner of the family. Therefore, he may be enlarged on bail.
10. The learned Public Prosecutor opposed the application. The Investigating Officer has filed a bail objection report, inter alia, contending that there are incriminating materials to substantiate the petitioner’s involvement in the crime. The petitioner is a history sheeter because he is an accused in 14 crimes of the very same police station, that too for committing similar offences. The petitioner has misused the liberty that has been granted to him at the time of enlarging him on bail. There was a specific condition in the order dated 06.07.2022 in CMP No.1126/2022, that the petitioner should not get involved in a similar offence. Yet, the
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petitioner got himself involved in Crime No.215/2023 for committing the predicate offence under Section 308 of the Indian Penal Code. If the petitioner is released on bail, there is every likelihood of him committing similar offences. Hence, the application is only to be dismissed. 11. On an appreciation of the materials on records, it can be gathered that the petitioner was enlarged on bail in the present crime as per order dated 06.07.2022 subject to the condition that he should not get involved in an offence. Indisputably, the petitioner is an accused in Crime No.215/2023 of the very same police station. From the report filed by the Investigating Officer, it can be seen that the petitioner is also an accused in the following cases:
- “1. Angamaly PS Crime No.1065/2016 u/s 447, 294(b), 427, 34 IPC
2. Angamaly PS Crime No.347/2020 u/s 341, 307, 34 IPC
3. Angamaly PS Crime No.1093/2021 u/s 341, 323, 324, 294(b), 506, 308, 34 IPC
4. Angamaly PS Crime No.349/2022 u/s 143, 147,
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148, 341, 308, 326, 427, 149 IPC
5. Angamaly PS Crime No.2934/2017 u/s 15(4) of KAA(P)A Act
6. Angamaly PS Crime No.3393/2017 u/s 15(4) of KAA(P)A Act
7. Angamaly PS Crime No.2661/2013 u/s 323, 324, 427, 34 IPC
8. Angamaly PS Crime No.602/2015 u/s 341, 324, 34 IPC
9. Angamaly PS Crime No.1541/2016 u/s 506(ii), 308, 323, 324, 427, 294(b) IPC
10. Angamaly PS Crime No.1799/2016 u/s 452, 341, 323, 324, 427, 294(b) IPC
11. Angamaly PS Crime No.106/2017 u/s 341, 323, 308, 294(b), 34 IPC
12. Angamaly PS Crime No.3385/2017 u/s 341, 323, 324, 308, 34 IPC
13. Angamaly PS Crime No.142/2020 u/s 9(B)(i)(b) Explosive Act & Sec 286, 294(b) IPC
14. Angamaly PS Crime No.215/2023 u/s 341, 323, 324, 294(b), 308, 506, 394, 34 IPC”
**==> picture [440 x 33] intentionally omitted <==**
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12. Therefore, as matters stand now, the petitioner is an accused in 15 crimes of the very same police station.
13. In **P. v. State of Madhya Pradesh & another**
[2022 KHC 6496), a three Judge Bench of the Honourable Supreme Court has succintly laid down the parameters to cancel an order of bail granted to an accused. It is, inter alia, held that, if an accused misuses his liberty by indulging in crimes, certainly the bail can be cancelled. The above view has been reiterated in a plethora of judgments by the Honourable Supreme Court and this Court.
On a conspectus of the facts, the materials on record and the law referred to in the aforecited decision, and on comprehending the petitioner’s post bail conduct, whereby he has flouted his solemn undertaking given before the court below by getting involved in another crime. The petitioner's conduct does not inspire confidence in this Court to enlarge him on bail again. Going by the petitioner’s antecedents, there is every
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likelihood of him misusing his liberty, if he is enlarged on bail by this Court. Hence, I am not inclined to exercise the discretionary powers of this Court and pave way for the petitioner to commit another offence.
The application is meritless and is consequentially dismissed.
Sd/-
**C.S.DIAS,JUDGE**
rkc/10.06.24
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## **APPENDIX OF BAIL APPL. 2178/2024**
## **PETITIONER ANNEXURES**
**Annexure 1 TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY DATED 13-07-2023 IN CMP 761/2023**
- **Annexure 2 TRUE COPY OF THE ORDER PASSED BY THE HONORABLE ADDITIONAL SESSIONS COURT, NORTH PARAVUR DATED 07-03-2024 IN CMP 409/2024**
- **Annexure 3 THE TRUE COPY OF THE PRINTOUT THAT EVIDENCING THE ACQUITTAL OF THE PETITIONER IN C.C. NO. 752/2020 DOWNLOADED FROM THE WEBSITE OF E-COURTS**
- **Annexure 4 THE TRUE COPY OF THE PRINTOUT THAT EVIDENCING THE ACQUITTAL OF THE PETITIONER IN C.C. NO. 26/2017 DOWNLOADED FROM THE WEBSITE OF E-COURTS**
- **Annexure 5 THE TRUE COPY OF THE PRINTOUT THAT EVIDENCING THE ACQUITTAL OF THE PETITIONER IN C.C. NO. 1297/2016 DOWNLOADED FROM THE WEBSITE OF E-COURTS**
- **Annexure 6 THE TRUE COPY OF THE FIR NO. 350/2022 OF ANGAMALY POLICE STATION**
- **Annexure 7 THE TRUE COPY OF THE DEPOSITION OF THE MR. VISHNU (PW1 ) DATED 17-08-2022 IN CC 401/2022 OF JFCM, ANGAMALY**
- **Annexure 8 THE TRUE COPY OF THE DEPOSITION OF THE MRS. SHOBA (PW2 ) DATED 31-08-2022 IN CC 401/2022 OF JFCM, ANGAMALY**
