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. 3233 OF 2022
PETITIONER:
ASWIN ALIAS APPUS
AGED 22 YEARS
SON OF PRADEEP, ELAMKAU,
KIZHAKKANCHERRY, PALAKKAD, PIN - 678010
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV PUBLIC PROSECUTOR
ADV NEEMA T.V- 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.3233 of 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3233 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.19 of 2022 of Vadakkencherry Police Station. The case is registered against the petitioner alleging offences punishable under Sections 341, 324, 308, 201 read with 34 of the IPC.
3. The petitioner was arrested on 04.04.2022. The prosecution case is that on 04.01.2022, at 7.30 pm, the accused in furtherance of their common intention wrongfully restrained the defacto complainant using dangerous weapons and attacked him.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioners submitted that the petitioner is in custody from 04.04.2022 onwards. It was also B.A.No.3233 of 2022 3 submitted that the petitioners are ready to abide any conditions, if this Court grant him bail. The Public Prosecutor seriously opposed the grant of bail. After hearing both sides, I think, the bail application can be allowed on stringent conditions. The petitioner is in custody from 04.04.2022 onwards. The investigation of the case is in its final stage. Considering the facts and circumstances of the case the bail application can be allowed imposing stringent conditions.
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 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.
6. Considering the dictum laid down in the above B.A.No.3233 of 2022 4 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 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 them from disclosing such facts to the Court or to any police officer.
3. Petitioner shall not leave India without B.A.No.3233 of 2022 5 permission of the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which they 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 Nsd B.A.No.3233 of 2022 6 APPENDIX OF BAIL APPL. 3233/2022 PETITIONER ANNEXURES Annexure1 FREE COPY OF THE ORDER IN CRL.M.P.NO.761/2022 OF COURT OF JUDICIAL FIRST CLASS MAGISTRATE-I, ALATHUR DATED 12.04.2022