VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in S.C.No.1205/2020 on the files of the Addl. Sessions Court (Adhoc-II), Kollam, for offences punishable under Ss. 120B, 143, 144, 148, 449, 294(b), 506(ii), 341, 323, 324, 302 r/w 149 of the IPC. The petitioner was granted bail in the said case, as per Annexure 1 order of this Court dtd. 30/9/2023. While he was on bail, another case was registered against him, and the petitioner approached this Court seeking anticipatory bail, contending that a false case was registered against him and, as per order dtd. 19/1/2024, an interim anticipatory bail was granted. Later, by orders in B.A.No.10827/2023 dtd. 5/2/2024, he was granted anticipatory bail. Notwithstanding the granting of bail, since the petitioner's bail bond was cancelled, he filed Crl.M.C.No. 720/2024, as a non-bailable warrant was issued against him, on account of his non-appearance before the Sessions Judge. Though a counsel represented the petitioner, the Sessions Judge issued a Non-Bailable Warrant that was challenged in the Crl. M.C. This Court, by Annexure 6 order dtd. 23/1/2024 in Crl. M.C. No. 720/2024 directed the petitioner to appear before the Sessions Judge by filing an application for recall of warrant and also for bail and directed the said Court to consider and pass orders on the same day itself. Pursuant to the directions in Annexure 6 order, by orders dtd. 2/2/2024, the Sessions Judge rejected the applications and remanded the petitioner to judicial custody. It is also to be noticed that this Court had granted anticipatory bail as the alleged defacto complainant had filed an affidavit stating that no such incident as alleged against the petitioner had happened for registering the second crime. In view of the above facts, the order of the Sessions Judge rejecting the applications cannot be sustained. In light of the circumstances mentioned above, I am inclined to grant bail to the petitioner.

(2.) Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions: