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. 3102 OF 2022
CRIME NO.830/2021 OF PATTAMBI POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN CMP 1784/2022 OF JUDICIAL MAGISTRATE
OF FIRST CLASS , PATTAMBI
PETITIONER/ACCUSED NO.5:
SHAHUL MIDAD,
AGED 30 YEARS
S/O.HAMZA,
MALAYIL HOUSE,
NELLAYA P.O.
POTTACHIRA,
PALAKKAD DISTRICT,
PIN - 679336
BY ADVS.
HARIKRISHNAN S.
P.PRIJITH
AJAY BEN JOSE
MANJUNATH MENON
P.MARTIN JOSE
SACHIN JACOB AMBAT
R.GITHESH
ANNA LINDA V.J
S.SREEKUMAR (SR.)
THOMAS P.KURUVILLA
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
KOCHI- 682031.
2 THE STATION HOUSE OFFICER,
BAIL APPL.NO.3102 OF 2022
2
PATTAMBI POLICE STATION,
PATTAMBI,
PALAKKAD DISTRICT
PIN - 691303
BY ADV.SMT.NEEMA T.V, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL.NO.3102 OF 2022
3
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3102 of 2022
-------------------------------
Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code.
2. Petitioner is the 5th accused in Crime No.830 of 2021 of Pattambi Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 143, 147, 148, 324, 326 and 307 r/w 149 of the IPC. Petitioner was arrested on 10.04.2022 and from that date onwards he is in custody.
3. The prosecution case is that on 28.12.2021, the petitioner and the other accused formed themselves into an unlawful assembly armed with weapons attacked the defacto complainant. BAIL APPL.NO.3102 OF 2022 4
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner has not committed any offence. The counsel also submitted that the name of the petitioner is also not mentioned in the FIR. The counsel again submitted that the allegation against the petitioner is that he used iron rods and beat the defacto complainant in his legs. There is absolutely no injury on legs. The counsel also submitted that the main allegation is against the other accused. The petitioner is the 5th accused. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the offence alleged against the petitioner includes Section 326 and 307. The Public Prosecutor submitted that the investigation is at the preliminary stage. It is true that the allegation against the petitioner is very serious. But the petitioner is in BAIL APPL.NO.3102 OF 2022 5 custody from 10.04.2022. It is true that the name of the petitioner is not mentioned in the FIR. That is not a reason to grant bail to the petitioner because that is a matter to be decided by the trial court at the appropriate stage. Similarly the counsel for the petitioner also submitted that there is contradiction in the ocular evidence and medical evidence. That is also a matter to be decided by the trial court at the appropriate stage. The Public Prosecutor submitted that the petitioner is involved in four other crimes also. It is true that the petitioner is involved in other cases, but that is not a ground to reject the bail in the light of the judgment of the Apex Court in Maulana Mohd. Amir Rashadi v. State Of U.P. and others [2012(2)SCC 382]. But considering the entire facts and circumstances of the case and also the period of detention, I think this bail application can be allowed.
BAIL APPL.NO.3102 OF 2022 6
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. 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. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each BAIL APPL.NO.3102 OF 2022 7 for the like sum to the satisfaction of the jurisdictional Court.
2. 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/her from disclosing such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the offence of BAIL APPL.NO.3102 OF 2022 8 which he is accused, or suspected, of the commission of which he is suspected.
5. 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 there is any violation of the above conditions.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE DM BAIL APPL.NO.3102 OF 2022 9 APPENDIX OF BAIL APPL. 3102/2022 PETITIONER'S ANNEXURES ANNEXURE1 TRUE COPY OF FIR IN CRIME NO.830 OF 2021 OF PATTAMBI POLICE STATION ANNEXURE 2 TRUE COPY OF FIS IN CRIME NO.830 OF 2021 OF PATTAMBI POLICE STATION ANNEXURE 3 TRUE DRAFT COPY OF THE DISCHARGE SUMMARY OF DEFACTO COMPLAINANT ANNEXURE 4 TRUE DRAFT COPY OF THE DISCHARGE SUMMARY OF MR.ANEESH ANNEXURE 5 TRUE COPY OF REMAND REPORT IN CRIME NO.830 OF 2021 OF PATTAMBI POLICE STATION ANNEXURE 6 TRUE COPY OF FIR IN CRIME NO.619 OF 2021 OF PERINTHALMANNA POLICE STATION ANNEXURE 7 CERTIFIED COPY OF ORDER DATED 12-04-
2022 IN C.M.P.NO.1784 OF 2022 IN CRIME NO.830 OF 2021 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI //TRUE COPY// PA TO JUDGE