IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
BAIL APPL. NO. 1086 OF 2022
CRIME NO.0034/2022 OF Kattakada Police Station,
Thiruvananthapuram
PETITIONER/ACCUSED :
AJEESH KUMAR
AGED 42 YEARS
SON OF ROBINSON
AJEESH COTTAGE, BEDHANIPURAM
KATTAOCODE P.O, THIRUVANANTHAPURAM DISTRICT,
PIN - 695572
BY ADV S.NIKHIL SANKAR
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA
ERNAKULAM, PIN - 682031
BY ADV.SMT.SREEJA V, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.1086/2022
2
P.V.KUNHIKRISHNAN, J.
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B.A.No.1086 of 2022
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Dated this the 06th day of May, 2022
ORDER
This Bail Application is filed under Section 438 of Criminal Procedure Code.
2. Petitioner is the accused in Crime No.34/2022 of Kattakada Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 447, 354 and 354B of the Indian Penal Code.
3. The prosecution case is that on 07.01.2022 at about 8 am, the petitioner following a verbal duel arising out of spilling of some foreign substance around the house of the defacto complainant, assaulted the defacto complainant who is his neighbour.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the incident was not happened as alleged by the prosecution. The counsel also submitted that a counter case is registered and B.A.No.1086/2022 3 Annexure-4 is the FIR in the counter case. The counsel further submitted that it is a false case registered against the petitioner. The Public Prosecutor opposed the bail application and submitted that the petitioner and the defacto complainant are neighbours. After hearing both sides, I think the bail application can be allowed with stringent conditions. There are two versions about the same incident. This Court is not in a position to decide which version is correct while considering a bail application. Both sides sustained injuries. It is also stated in the bail application that the petitioner is a kidney patient. Considering the entire facts and circumstances, I think 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 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. Recently the Apex Court in Siddharth v State of B.A.No.1086/2022 4 Uttar Pradesh and Another (2021 (5) KHC 353) considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder:
"12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused."
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 B.A.No.1086/2022 5 directions:
1. The petitioner shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation.
2. After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned.
3. 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.
4. The petitioner shall not leave India without B.A.No.1086/2022 6 permission of the jurisdictional Court.
5. The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
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 any of the above conditions are violated.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
B.A.No.1086/2022
7
APPENDIX OF BAIL APPL. 1086/2022
PETITIONER ANNEXURES
Annexure1 TRUE COPY OF THE ACCIDENT REGISTER-
CUM-WOUND CERTIFICATE ISSUED TO THE PETITIONER FROM THE COMMUNITY HEALTH CENTRE, KATTAKADA DATED 07/01/2022 Annexure2 TRUE COPY OF THE DISCHARGE SHEET ISSUED TO THE PETITIONER FROM THE COMMUNITY HEALTH CENTRE, KATTAKADA DATED 07/01/2022 Annexure3 TRUE COPY OF THE C.T.SCAN OF THE ABDOMEN&PELVIS ISSUED FROM HINDLABS TO THE PETITIONER EVIDENCING HIM AS A KIDNEY PATIENT DATED 18/11/2021 Annexure4 TRUE COPY OF THE F.I.R IN CRIME NO:0032/2022 OF KATTAKADA POLICE STATION FILED BY THE PETITIONER AGAINST THE DE FACTO COMPLAINANT AND HER FAMILY MEMBERS