IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Bail Appl..No. 4363 of 2010() ----------------------------- CRIME NO.287/10 OF ANCHAL POLICE STATION, PATHANAMTHITTA. C.C.NO.1484/10 OF JFMC-I, PUNALUR. .................... (S): PETITIONER/ACCUSED -------------------------------------- SUSHI, AGED 35, S/O.THANKAPPAN, SUJA MANDIRAM, THAZHAMEL MURI, ANCHAL VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4363 of 2010 ---------------------------------------------- Dated 28th July, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 15(4) of the Kerala Anti Social Activities (Prevention) Act, 2007. According to prosecution, petitioner was involved in three criminal cases and hence, I.G. Of Police, Thiruvananthapuram Range, directed the petitioner not to enter the jurisdictional limits of Dy.S.P., Anchal under Section 15(1) of the Kerala Anti Social Activities (Prevention) Act. But, he violated the same and hence he is proceeded against under Section 15(4) of the Act. 3. Learned counsel for petitioner submitted that petitioner has not deliberately violated the order passed under Section 15(1) of the Act. Petitioner's mother was admitted in the intensive care unit of St.John's Hospital, Anchal on 20.3.2010 and out of his anxiety, he rushed to the hospital. The fact that mother was in the ICU is evidenced by the medical certificate BA NO. 4363/10 2 issued from the Department of Cardiology, St.John's Hospital, Anchal. It was on 20.3.2010 that petitioner is alleged to have violated the order passed under Section 15(1) of the Act, by entering into the jurisdictional limits of the Dy.S.P., Anchal. 4. Petitioner is not in custody in connection with any other crime. A lenient view may be taken, in the peculiar facts and circumstances of the case, it is submitted. Petitioner is in custody for the past 131 days. It is also submitted that the order relating to prohibition of entry into the jurisdiction of the Dy.S.P., Anchal is valid only upto 28.5.2010 and such period is over. 5. Learned Public Prosecutor submitted that the trial has already commenced and hence, if bail is granted at this stage, it is likely that petitioner may abscond, in which event, trial will be protracted, it is submitted. 6. On hearing both sides, I find that this is second application for bail by petitioner. In the order dated 18.6.2010 in B.A.No.3539/10, passed by this court in the earlier application, this court had observed that if there is any delay in disposal of the case, petitioner is at liberty to move the trial court for appropriate relief, notwithstanding the dismissal of that petition. It is BA NO. 4363/10 3 submitted by petitioner's counsel that the trial court has framed the charge only yesterday and the case stands posted to 20.8.2010 for examination of CW1. Only one witness is summoned to that date. So, it is likely that disposal will be delayed, if the trial proceeds in this manner. 7. The maximum punishment that can be imposed for the offence alleged against petitioner is imprisonment for three years. Petitioner has already undergone 131 days of detention. There was only a day's violation of the order, that too, in the circumstances stated by petitioner. Taking into consideration Annexure I certificate and also the various facts and circumstances discussed above, I find that petitioner can be granted bail on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following condition : (i) Petitioner shall report before the Investigating Officer on alternate days between 10 a.m. BA NO. 4363/10 4 and 1 p.m. until the trial is over. Petition is allowed. K.HEMA, JUDGE. tgs