B.A.No. 3306 of 2022 1
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. 3306 OF 2022
PETITIONER/S:
1 VISHNU
AGED 25 YEARS
CHAKKANATTU HOUSE ,CHAKKUNJI COLONY DESOM CHENDRAPPINNI
VILLAGE, PIN - 680687
2 RAMESH
AGED 39 YEARS
SON OF NARAYANAN KUDILAPURAKKAL HOUSE ,CHAKKUNJI COLONY
DESOM CHENDRAPPINNI VILLAGE, PIN - 680687
3 [email protected]
AGED 26 YEARS
SON OF SURESH CHAKKANATTU HOUSE ,CHAKKUNJI COLONY DESOM
CHENDRAPPINNI VILLAGE, PIN - 680687
BY ADV SAIJO HASSAN
RESPONDENT/S:
STATE OF KERALA
THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE,
KAIPAMANGALAM POLICE STATION, THROUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM., PIN -
682031
BY SMT.SREEJA V.,SR.PP
OTHER PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No. 3306 of 2022 2
P.V.KUNHIKRISHNAN, J
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B.A.No. 3306 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.167/2022 of Kaipamangalam Police Station. The above case is registered against the petitioners alleging interalia offence punishable under Section 308 of the IPC.
3. The prosecution case is that on 19.2.2022 at 10.45 pm, the accused criminally trespassed into the house of the first informant by possessing a knife. They kicked open the door of the house and entered into the house and 1 st accused B.A.No. 3306 of 2022 3 wrongfully restrained the first informant and slapped on his face. Thereafter, the 1st accused stabbed on the abdomen of the first informant and the 1st informant prevented the same with his hand. It is alleged that the 1st informant sustained serious injuries on his abdomen. Hence, it is alleged that the accused committed the offence. The petitioners are arrested on 7.4.2022.
4. Heard counsel for the petitioners and the Public Prosecutor.
5. The counsel for the petitioners submitted that the incident is not happened as alleged by the prosecution. The counsel submitted that the petitioners are in custody from 7.4.2022 onwards. It is also submitted that the petitioners are ready to obey any conditions, if this Court grant them bail. The Public Prosecutor seriously opposed the bail application. It is true that the allegations against the petitioners are very serious. The injured sustained very serious injuries. But the petitioners are in B.A.No. 3306 of 2022 4 custody from 7.4.2022 onwards. In the facts and circumstances of this case, I think the petitioners can be released on bail on condition that they will not enter the jurisdictional limits of the Kaipamangalam Police Station, till final report is filed in the above case. If there is any violation of the condition, the prosecution or the victim in this case are free to approach the jurisdictional court to cancel the bail. If such an application is filed, the jurisdictional court will consider the same and pass appropriate orders in accordance to law.
6. 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 B.A.No. 3306 of 2022 5 accused has the opportunity of securing fair trial.
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. Petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. 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 them from B.A.No. 3306 of 2022 6 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. Petitioners shall not enter the jurisdictional limits of Kaipamangalam Police Station for a period of 60 days or till final report is filed, whichever is earlier. If there is any specific reason to enter the jurisdictional limits of the Kaipamangalam Police Station, except for the purpose of appearing before the investigating officer, the petitioners shall get permission from B.A.No. 3306 of 2022 7 the jurisdictional court.
6. If any of the above 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 SKS