IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
BAIL APPL. NO. 9679 OF 2021
CRIME NO.2127/2021 OF Adoor Police Station, Pathanamthitta
PETITIONER/ACCUSED
SUJATHA P.,
AGED 48 YEARS
D/O. KUNJIKUTTY, KOCHIRAKUZHIYIL VEEDU,
ELAMANNOOR, ENADIMANGALAM VILLAGE,
PATHANAMTHITTA DISTRICT.
BY ADV K.V.ANIL KUMAR
RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM , 682 031.
SR.PP. ADV.VIPIN NARAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 9679 OF 2021
2
P.V.KUNHIKRISHNAN, J
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B.A.No.9679 of 2021
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Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 438 of Criminal Procedure Code.
2. Petitioner is the 2nd accused in Crime No.2127 of 2021 of Adoor Police Station. The above case is registered against the petitioner and others alleging offence punishable under Section 143, 144, 148, 452, 326A, 324 r/w Section 149 IPC.
3. The prosecution case is that on 06.12.2021 at about 08.40 p.m, accused 1 and 2 along with four other identified persons unlawfully assembled and trespassed into the house of one Renjith Bahavanam with deadly weapons like iron rod and caused injury to his head by using unknown weapon. It is also alleged that the BAIL APPL. NO. 9679 OF 2021 3 petitioner and other accused committed offence under Section 326A IPC.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that serious allegation is against accused nos. 1 and 3. The counsel submitted that the incident happened on 06.12.2021 and the incident is not happened as alleged by the prosecution. The counsel submitted that the investigation is also in the final stage. The Public Prosecution seriously opposed the bail application. The Public Prosecutor submitted that if this Court is granting bail, stringent conditions may be imposed. It is true that allegation against the petitioner are very serious. But it is a fact that the alleged incident happened on 06.12.2021 and even now the prosecution was not able to arrest the petitioner. The investigation of the case is almost over. It is true that the petitioner and the de-facto complainant are neighbours. In such situation to avoid further conflict, there can be a direction to the petitioner not to enter the BAIL APPL. NO. 9679 OF 2021 4 jurisdictional limit of Adoor Police Station for a period of 90 days or till investigation is over. With the above conditions, this bail application can be allowed.
5. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.
6. Recently the Apex Court in Siddharth v State of Uttar Pradesh and Another (2021(5)KHC 353) considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder.
"12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond.
BAIL APPL. NO. 9679 OF 2021 5 Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused."
7. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:
1. The petitioner shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation.
2. After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) BAIL APPL. NO. 9679 OF 2021 6 with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned.
3. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
4. Petitioner shall not leave India without permission of the jurisdictional Court.
5. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
6. Petitioner shall not enter the BAIL APPL. NO. 9679 OF 2021 7 jurisdictional limit of Adoor Police Station for a period of 90 days or till final report is filed. The petitioner shall give the telephone number and the details of his address to the Investigating Officer within four days from today.
7. If any of the above conditions are violated by the petitioner the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated.
sd/-
P.V.KUNHIKRISHNAN, JUDGE hmh