IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 378 of 2010() --------------------------------------- C.C.NO.1379/07 OF ADDL.SESSIONS COURT (FAST TRACK-I), THIRUVANANTHAPURAM. ................... (CRIME NO.134/2001OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT) PETITIONER/4TH ACCUSED: ------------------------------------------ AL-AMEEN @ PARA AL-AMEEN, S/O. MOHAMMED MYTHEEN, TC 35/7747, NEAR NS DEPOT, VALLKADAVU, VALIYATHURA WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.G.SUDHEER RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 378 of 2010 ------------------------------------ Dated this the 28th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in C.C.No. 1379/2007 on the file of the court of the Additional Sessions Judge (Fast Track-I) Thiruvananthapuram. 2. The offences alleged against the petitioner are under Section 304 of the Indian Penal Code and Section 21 of the Narcotic Drugs and Psychotropic Substances Act. 3. The petitioner was granted bail in the case. While on bail, he was involved in Crime No.370/2008 of Thiruvallam Police Station. He was detained in judicial custody in that case. The petitioner was being produced before court in the present case on production warrant. Later, the petitioner was granted bail in Crime No.370/2008. The question arose whether the petitioner was entitled to be released on bail in the present case. 4. The learned Additional Sessions Judge by the order dated 14/01/2010 held that the petitioner cannot be released on bail. The reasons stated by the learned Sessions Judge are the B.A. No. 378/ 2010 2 following: 1) While on bail in the present case, the petitioner was involved in another crime. 2) The District Collector had already issued a detention order against the petitioner under the Kerala Anti-Social Activities (Prevention) Act. 3) The Sessions Case is scheduled for trial from 12/4/2010 to 17/4/2010. 5. The learned Public Prosecutor submitted that the petitioner is involved in 10 other cases. This statement is not disputed by the accused. 6. The learned counsel for the petitioner submitted that several unfounded allegations are made against the petitioner in those 10 cases and that cannot be a ground for denying bail to the petitioner. It is submitted that in the present case also, there is no material to arrive at a conclusion that the petitioner is guilty of the offence. 7. The liberty of bail was afforded to the petitioner. He misused that liberty. It is alleged that he committed another B.A. No. 378/ 2010 3 offence while on bail. Not only that, the petitioner is involved in 10 other cases. The nature of the cases in which the petitioner is involved is also relevant. He is involved in cases of robbery, dacoity, attempt to murder etc. and also in cases involving the offences under the Arms Act. This would indicate that if the petitioner is released on bail, it would result in disastrous consequences in so far as the public at large is concerned. The proceedings under the Anti-social Activities (Prevention) Act also have been initiated against the petitioner. It is not safe to release the petitioner on bail, in the facts and circumstances of the case. Moreover, the case is scheduled for trial to 12/4/2010. That is also a ground, when considered along with the other grounds, to deny bail to the petitioner. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm