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. 3360 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 820/2022 OF JUDICIAL MAGISTRATE
OF FIRST CLASS , ADOOR
PETITIONERS/ACCUSED NO.2, 3 & 8:
1 AKSHAY G.S
AGED 19 YEARS
S/O GIREESHKUMAR,
SREEJA BHAVAN, NEAR ATHIYEKKAL THENGAMAN MADOM TEMPLE,
PATTAZHI NORTH P.O, PATTAZHI VADAKKEKARA MURI, KADUVATHODU,
KOLLAM DISTRICT, PIN - 691522
2 AKHILESH
AGED 20 YEARS
S/O ARAVINDAKSHA KURUP,
"SREESYLAM", THERUVUMUKKU, CHARUMMOODU P.O,
CHUNAKARA SOUTH MURI, ALAPPUZHA DISTRICT
PIN - 690505
3 AKHIL S. PILLAI
AGED 22 YEARS
S/O SOMAN PILLAI, FROM POKKATTIL KIZHAKKETHIL VEEDU, NEAR
KUDASSANADU
VALIYAPPALLI, KURAMPALA SOUTH P.O, KURAMPALA VILLAGE,
AND NOW RESIDING AT THUNDATHIL VEEDU, NEAR PANDALAM
MAHADEVA TEMPLE, MUDIYOORKONAM P.O, THOTTAKONAM MURI,
PANDALAM VILLAGE, PATHANAMTHITTA DISTRICT , PIN - 689501
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
HARSHA SUSAN SAM
GEETHU KRISHNAN
RESPONDENT/COMPLAINANT/STATE:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
B.A.No.3360 of 2022
2
PIN - 682031
2 THE STATION HOUSE OFFICER
PANDALAM POLICE STATION,
PATHANAMTHITTA DISTRICT, PIN - 689501
BY ADV. VIPIN NARAYAN, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.3360 of 2022
3
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3360 of 2022
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Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code.
2. Petitioners are the accused in Crime No.475 of 2022 of Pandalam Police Station, Pathanamthitta District. The above case is registered against the petitioners and others alleging offences punishable inter alia under Section 308 IPC. Petitioners were arrested on 21.04.2022 and from that date onwards they are in custody.
3. The prosecution case is that the petitioners and others formed themselves into an unlawful assembly armed with deadly weapons wrongfully restrained and criminally intimidated B.A.No.3360 of 2022 4 the defacto complainant near the Economics Department at NSS College, Pandalam on 20.04.2022 at 01.15 pm. It is alleged that the petitioners physically attacked the defacto complainant and he sustained serious injuries.
4. Heard counsel for the petitioners and the Public Prosecutor. Counsel for the petitioners submitted that the incident is not happened as alleged by the prosecution. The counsel submitted that some of the accused also sustained injuries and they approached the hospital for treatment as evident by Annexure A2 OP registration card. The counsel also takes me through Annexure A4 which was a complaint filed by the mother of one of the accused. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the allegation against the petitioners are very serious and the petitioners may not be B.A.No.3360 of 2022 5 released on bail at this stage. It is true that the allegation against the petitioners are very serious. But the petitioners are in custody from 21.04.2022 onwards. The incident happened in connection with a dispute in a college where the petitioners were students. The defacto complainant is also a student. There are allegation and counter allegation about the incident. This Court is not in a position to find out the truth at this stage. Considering the detention period and the progress in the investigation, I think the petitioners can be released on bail.
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 B.A.No.3360 of 2022 6 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. Petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners B.A.No.3360 of 2022 7 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. Petitioners shall not leave India without permission of the jurisdictional Court.
4. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. If any of the above B.A.No.3360 of 2022 8 conditions are violated by the petitioners, 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 B.A.No.3360 of 2022 9 APPENDIX OF BAIL APPL. 3360/2022 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE REMAND REPORT DATED 21.04.2022 FILED BY THE 2ND RESPONDENT IN CRIME NO.475 OF 2022 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT ANNEXURE A2 THE TRUE COPY OF THE OP REGISTRATION CARD AND CASUALTY OP TICKET OF 1ST AND 3RD PETITIONER ISSUED FROM NSS MEDICAL MISSION HOSPITAL, PANDALAM ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED 23.04.2022 IN CRL.MP NO. 820/2022 OF JFMC, ADOOR ANNEXURE A4 THE TRUE COPY OF THE COMPLAINT DATED 23.04.2022 PREFERRED BY THE MOTHER OF ACCUSED NO.2 BEFORE THE DY.SP, ADOOR THROUGH EMAIL //TRUE COPY// PA TO JUDGE