Bail Appl./8823/2020 of PRADEEN Vs STATE OF KERALA on 29 December 2020

ORDER

This is an application filed under Section 439 of the Codeof Criminal Procedure for regular bail for the petitioners, whoare the accused in Crime No. 1796/2020 registered underSections 451, 427, 341, 323, 324, 294(b), 354, 354B and 308read with 34 of the Indian Penal Code. Both the accused werearrested on 01.12.2020

2. Heard the learned counsel on both sides. The learnedPublic Prosecutor stated that the charge sheet has already laidbefore Court.

3. Having regard to the circumstances, even thoughthere are criminal antecedents against both the petitioners, I donot find that continued detention of the petitioners is called forespecially when jails are crowded and since much moreprecautions have to be taken in the background of Covid – 19pandemic. Therefore, the petitioners shall be released on bail onthe following conditions:- Having regard to the circumstances, even though

i)The petitioners shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand Only) each with two solventsureties each for the like sum to the satisfaction of the(Rupees Fifty Thousand Only) each with two solventsureties each for the like sum to the satisfaction of the court below;

ii)They shall not try to contact or influence the witnessesor tamper with evidence;or tamper with evidence;

iii) They shall not enter Kilikolloor Police Station limits,until further orders;until further orders;

iv) Petitioners shall not leave India without permission ofthe jurisdictional Court;the jurisdictional Court;

v)They shall appear before the committal/trial court as andwhen required;when required;

vi) The petitioners shall strictly abide by the variousguidelines issued by the State Government and theCentral Government with respect to keeping of socialdistancing in the wake of Covid 19 pandemic;guidelines issued by the State Government and theCentral Government with respect to keeping of socialdistancing in the wake of Covid 19 pandemic;

vii) If any of the above conditions are violated by thepetitioners, the jurisdictional Court can cancel the bail inaccordance with law, even though the bail is granted bythis Court.petitioners, the jurisdictional Court can cancel the bail inaccordance with law, even though the bail is granted bythis Court.

This bail application is allowed, as above.

DCS/29.12.2020

Sd/-

K.HARIPAL

JUDGE