Kerala High Court Grants Interim Bail To SFI Leader For Appearing In Exam

The prosecution case was that the petitioner, along with four others in pursuance of a conspiracy hatched by them with the intention to commit the murder of the defacto complainant, trespassed into his rented room with dangerous weapons like a knife and iron pipe, shouting to do away with the defacto complainant, physically assaulted him with these weapons, thereby causing imminent threat to life.

He was thereby arrested in 2019 under Sections 323, 324, 455, 308, 506 and 427 of the IPC. The investigation was handed over to the District Crime Branch, which slapped another charge under Section 458 IPC.

However, he was released on bail two months later with conditions, including one that he shall not get involved in any other crime and that any such involvement will be a ground for cancellation of bail.

Nevertheless, he was arrested again after he allegedly got himself involved in 12 crimes while out on bail. Thereby the bail granted to him was cancelled. This cancellation of bail was challenged by the petitioner before several fora but to no avail.

Finally, he had approached the High Court recently seeking statutory bail contending that he has been in custody for over 79 days in total and that the charge sheet had not been filed to date. It was contended that on completion of 60 days, he has the right to statutory bail under S.167(2)(a)(ii) CrPC.

However, a Single Bench had denied him statutory bail last week, observing that he cannot be equated to a person who continues in custody without any charge sheet being filed against him. 

The case has been posted for 4th August for further consideration.