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. 3268 OF 2022
CRIME NO.179/2019 OF Venjaramoodu Police Station,
Thiruvananthapuram
PETITIONER/S:
1 MOHAMMED ALTHAF
AGED 26 YEARS
S/O SAJEEV, RESIDING AT PUTHENVILA VEEDU,
NELLANAD, VAMANAPURAM VILLAGE, NEDUMANGADU
TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695606
2 DEEPU
AGED 29 YEARS
S/O RAJAN, RESIDING AT IDATHATTIL VEEDU,
CHERIYAD, KANNICHOD, KULAMACHAL, VAMANAPURAM
VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM
DISTRICT, PIN - 695606
BY ADVS.
J.R.PREM NAVAZ
ANSAR K.C.
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
BA No.3268 of 2022
P.V.KUNHIKRISHNAN, J.
======================================================
B.A.No.3268 of 2022
=============================================================
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.179 of 2019 of Venjaramoodu Police Station. The above case is registered against the petitioners and others alleging offences punishable under Sections 341, 323, 324, 326 and 307 read with 34 IPC and the petitioners were arrested on 04.04.2022 and they are in custody.
3.The prosecution case is that on 03.02.2019 at 9.30 pm the accused wrongfully restrained the de facto complainant and another and attacked them. The injured sustained serious injury -3- BA No.3268 of 2022 including fracture. Hence, it is alleged that the accused committed the offence.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner are in custody from 04.04.2022 onwards. The counsel submitted that the incident happened not as alleged by the prosecution. The counsel also submitted that even according to the prosecution, the accused consumed alcohol at the time of the incident. The counsel submitted that the petitioners are ready to abide any condition if this Court grant them bail. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the allegation against the petitioners is very serious. It is true that the allegation against the petitioners is very serious. But the petitioners are in custody from 04.04.2022 onwards. After going through the allegation against the petitioners and also -4- BA No.3268 of 2022 considering the period of detention, I think the petitioners can be released on bail on 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 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) -5- BA No.3268 of 2022 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 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. 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 appear before the Investigating Officer on all Mondays and Fridays at 10 am for a period of sixty (60) days.
-6-BA No.3268 of 2022
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 das -7- BA No.3268 of 2022 APPENDIX OF BAIL APPL. 3268/2022 PETITIONER ANNEXURES Annexure-A1 THE CITIZEN COPY OF THE FIR IN CRIME NO: 179 OF 2019 OF VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure-A2 THE CERTIFIED COPY OF THE ORDER DATED 11.04.2022 IN C.M.P NO: 584 OF 2022 PASSED BY THE COURT OF COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, NEDUMANGADU