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. 3200 OF 2022
PETITIONER/S:
AJI
AGED 34 YEARS
CHIRAYILPUTHENVEEDU,
EZHIPURAM, PARIPPALLY P.O
KOLLAM 691574, PIN - 691574
BY ADVS.
M.R.SASITH
NEELANJANA NAIR
R.K.CHIRUTHA
BHAVANA K.K
PREETI S.
RAJITHA V.K
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
ADV VIPIN NARAYAN- SR P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No..3200 of 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No..3200 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. Petitioner is the accused in Crime No.242 of 2022 of Parippally Police Station. The above case has been registered against the petitioners alleging offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 307 & 149 of the IPC.
3. The prosecution case is that the petitioner and the other accused due to previous enmity towards the defacto complainant, formed themselves into an unlawful assembly and attacked the defacto complainant, by which he sustained serious injuries.
4. Heard counsel for the petitioner and the Public Prosecutor. The Counsel for the petitioner submitted that the B.A.No..3200 of 2022 3 petitioner is under custody from 14.04.2022 onwards. The Counsel also submitted that a counter case is also registered in relation to the same incident. The Counsel submitted that the petitioner is ready to abide any condition that this Court grant him bail. The Public Prosecutor seriously opposed the grant of bail.
5. 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 in as much 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. It is true that the allegation against the petitioner is serious. A counter case is already registered in connection with the very same incident. There are allegations and counter allegations about the same incident. This Court is not in a position to decide the correctness of the allegations at this stage. But considering the facts and circumstances of the case and considering the period of B.A.No..3200 of 2022 4 detention and considering the dictum laid down in the above decision the petitioner can be released on bail 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 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 from disclosing such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
B.A.No..3200 of 2022 5
4. Petitioner shall not commit any offence similar to the offence of which they are accused or suspected of the commission of which they suspected.
5. Petitioner shall appear before the Investigating Officer on all Mondays till final report is filed.
6. 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 Nsd B.A.No..3200 of 2022 6 APPENDIX OF BAIL APPL. 3200/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF FIR IN CRIME NO:242/2022 OF PARIPPALLY POLICE STATION Annexure A2 TRUE COPY OF FIR IN CRIME NO:246/2022 OF PARIPPALLY POLICE STATION Annexure A3 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE COURT OF FIRST CLASS MAGISTRATE, SOUTH PARAVUR, KOLLAM IN CMP NO. 229/2022 IN CR NO. 242/2022 OF PARIPALLY POLICE STATION DATED 18.04.2022