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. 3337 OF 2022
PETITIONERS/ACCUSED NO.1 TO 3:
1 RAHUL MANOJ
AGED 26 YEARS
RAHUL MANOJ,
AGED 26 YEARS, S/O MANOJKUMAR,
SANKARAMANGALAM THAZHCHAYIL HOUSE,
CROSS JUNCTION, THIRUVALLA,
PATHANAMTHITTA DISTRICT , PIN - 689101
2 SUBIN ALEXANDER
AGED 25 YEARS
SUBIN ALEXANDER, AGED 25 YEARS,
S/O ALEXANDER CHACKO,
PAPPANAVELIL HOUSE,
KUTTAPZHA VILLAGE,
PATHANAMTHITTA DISTRICT
PIN - 689103
3 NANDU NARAYANAN
AGED 26 YEARS
S/O NARAYANANKUTTY,
MANAKKATTU HOUSE, KUNNAMTHANAM,
PATHANAMTHITTA DISTRICT , PIN - 689581
BY ADVS.
M.KIRANLAL
R.RAJESH (VARKALA)
MANU RAMACHANDRAN
T.S.SARATH
SAMEER M NAIR
GEETHU KRISHNAN
HARSHA SUSAN SAM
SABIKH MOHAMMED V.S
V.M.VISHNU MOHAN
RESPONDENTS/COMPLAINANT/STATE:
BAIL APPL. NO. 3337 OF 2022
2
THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
ADV. SREEJA 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. 3337 OF 2022
3
P.V.KUNHIKRISHNAN, J
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B.A.No.3337 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.516 of 2022 of Thiruvalla Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 153, 326A, 324 and 341 r/w 34 IPC. Petitioners were arrested on 10.04.2022 and they are in custody from that date onwards.
3.The prosecution case is that during the Palm Sunday Procession of the Thukalassery Latin Catholic Church, the accused with the intention of spoiling the divine atmosphere and for BAIL APPL. NO. 3337 OF 2022 4 purposefully obstructing the smooth conduct of the procession on 10.04.2022 at 9.30 AM intentionally drove a car bearing Registration No.KL 33-7772 through the middle of the procession. It is also alleged that the accused shouted at the complainant and triggered a pepper spray on the face of the complainant and his friend. Hence it is alleged that the accused committed the offence.
4. Heard counsel for the petitioners and the Public Prosecutor. The counsel for the petitioner submitted that the petitioners have not committed the offence. The counsel submitted that the petitioners are in custody from 10.04.2022 onwards. The counsel also submitted that the petitioners are ready to abide any conditions if this Court grant them bail. The learned Public Prosecutor seriously opposed the bail application. BAIL APPL. NO. 3337 OF 2022 5 The Public Prosecutor submitted that the petitioners have got criminal antecedents. It is true that the allegation against the petitioners are very serious. But the petitioners are in custody from 10.04.2022 onwards. In the facts and circumstances of the case, there can be a direction to the petitioners not to enter the jurisdictional limit of Thiruvalla Police Station for a period of 60 days or till the final report is filed. If there is any specific reason to enter the jurisdictional limit of Thiruvalla Police Station, the petitioners are free to file appropriate application before the jurisdictional court and the jurisdictional court shall consider the same in accordance to law. With the above condition, the bail application can be allowed.
5. Moreover, it is a well accepted principle that the bail is the rule and the jail is the BAIL APPL. NO. 3337 OF 2022 6 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. 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 BAIL APPL. NO. 3337 OF 2022 7 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 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.
BAIL APPL. NO. 3337 OF 2022 8
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. Petitioners shall not enter the jurisdictional limit of Thiruvalla Police Station for a period of 60 days or till the final report is filed in the above case. Petitioners shall give the Phone Number and the details of the place where they are going to reside during the above period.
6. If any of the above conditions are violated by the petitioners, the jurisdictional BAIL APPL. NO. 3337 OF 2022 9 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. 3337 OF 2022 10 APPENDIX OF BAIL APPL. 3337/2022 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.
516/2022 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT ANNEXURE A2 A TRUE COPY OF THE ORDER IN CRL.M.P. NO.653/2022 DATED 21.04.2022 BY THE JFMC, THIRUVALLA //TRUE COPY// PA TO JUDGE