LAWS(KER)-2023-3-3

RENJITH Vs. STATE OF KERALA

Decided On March 03, 2023
RENJITH Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Should the bail granted in one crime be cancelled merely because the accused had, in alleged violation of the conditions of bail, got himself entangled in a subsequent crime? The above question arises for resolution in the instant case.

(2.) Petitioner is an accused in C.C. No.1104 of 2022 on the files of the Judicial First Class Magistrate's Court, Chavakkad, which arises from Crime No.31 of 2022 of Guruvayoor Police Station, Thrissur (hereafter referred to as the 'first crime '). The prosecution alleges that on 12/1/2022, petitioner had attacked the defacto complainant in front of a temple at Guruvayoor and caused grievous hurt and also stole her mobile phone and thus committed the offences punishable under Sec. 341, 323, 324, 325, 394 and 201 read with sec. 34 of the Indian Penal Code.

(3.) After petitioner was taken into custody on 23/5/2022, he was granted bail on 2/6/2022. One of the conditions imposed by the learned Magistrate, while granting bail was that petitioner should not involve in any other crime while on bail. Later, petitioner was arrayed as an accused in Crime No.1072/2022 of Thrissur Town West Police Station (hereafter referred to as the 'second crime ') alleging offences punishable under Sec. 294(b), 323, 308, 354 and 354A of the Indian Penal Code, 1860. The allegations in the second crime include displaying his nudity before a lady and brandishing a chopper in an attempt to commit culpable homicide and shouting obscene words on a public road. Petitioner has been granted bail in the second crime also.