Petitioner accused of violating the prohibitory order passed under the Kerala Anti-Social Activities Prevention Act, 2007 and committing offenses which are punishable under IPC was granted bail by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of SEBY VARGHESE vs. STATE OF KERALA (BAIL APPL. NO. 2623 OF 2022) on 6th April, 2022.
Brief facts of the case are that allegation against the petitioner is that in violation of the prohibitory order passed under the KAAPA, the petitioner entered Ernakulam district and committed offences punishable under Sections 323 & 324 r/w Section 34 of the IPC, which led to the registration of Crime No. 655 of 2021 of the very same Police Station.
Learned counsel for petitioner submitted that while it may be true that the petitioner had entered Ernakulam district in violation of the order passed under the KAAPA, the petitioner was actually attacked by the others who are accused in a crime of the very same Police Station, which has been registered at the instance of the petitioner herein. He submitted that the petitioner suffered fairly serious injuries owing to the attack by the accused. He further submitted that the petitioner has been in custody for 114 days and that his continued detention is not necessary considering the facts and circumstances of the case.
Public prosecutor submitted that the petitioner had entered Ernakulam district in violation of the prohibitory order passed under the KAAPA, which itself is an offence, and that the petitioner has no answer or reason for violating the prohibitory order under KAAPA. He further submitted that the petitioner is not entitled to be released on bail at present.
In view of the facts and circumstances of the case and also considering the fact that the petitioner has been in custody for 114 days as on date in the crime (which has been registered for violation of the prohibitory order passed under the KAAPA), Court held that that the petitioner can be granted bail, subject to conditions.
Judgment reviewed by – Amit Singh