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. 3397 OF 2022
PETITIONERS:
1 VIJESH V.K
AGED 32 YEARS
KINARULLA PARAYULLA PARAMBATH HOUSE, CHEMMARATHUR P.O,
ARYANOOR, VADAKARA, KOZHIKODE, PIN - 673104
2 JITHIN V.K
AGED 28 YEARS
VADAKKE KANDIYIL HOUSE, CHEMMARATHURP.O
ARYANOOR, VADAKARA, KOZHIKODE, PIN - 673104
BY ADVS.
T.K.SANDEEP
ARJUN SREEDHAR
ARUN KRISHNA DHAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV PUBLIC PROSECUTOR
SMT SREEJA V - SR .P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.3397 of 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3397 of 2022
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Dated this the 6th 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.280 of 2022 of Vadakara Police Station. The above case is registered alleging offences punishable under Sections 452, 323, 324 & 307 r/w 34 IPC.
3.The prosecution case is that on 15.03.2022 at about 9.30 pm, the accused trespassed to the house and attempted to murder the defacto complainant's husband. He sustained serious injuries. The petitioners were arrested on 16.03.2022.
4. Heard counsel for the petitioners and the Public Prosecutor. The Counsel for the petitioners submitted that the incident has not happened as alleged by Prosecution. The B.A.No.3397 of 2022 3 Counsel submitted that the defacto complainant and party trespassed into the house of the petitioners. The Counsel submitted that the petitioners are in custody from 15.03.2022. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioners are neighbours of the defacto complainant and if this Court grant bail to the petitioners, they will create further trouble. The Public Prosecutor also submitted that serious injuries are sustained by the injured and the time of offence is 9.30 pm. It is true that the allegations against the petitioners are very serious. But the petitioners are in custody from 16.03.2022. Since the petitioners are neighbours to the defacto complainant, till investigation is over, the petitioners shall not enter the jurisdictional limit of Vadakara Police Station. With the above condition, I think the bail application can be allowed, considering the fact that the petitioners are in custody from 16.03.2022 onwards.
B.A.No.3397 of 2022 4
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) with two solvent sureties each for the like sum each to the satisfaction of the jurisdictional Court.
2. The petitioners shall appear before the B.A.No.3397 of 2022 5 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 him/her 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 not enter the jurisdictional limit of Vadakara Police Station for a period of 60 days or till final report is filed, whichever is B.A.No.3397 of 2022 6 earlier. The petitioners shall furnish the phone number and the details of the place where they are going to reside during the above period to the jurisdictional Court and to the investigating officer.
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 Nsd B.A.No.3397 of 2022 7 APPENDIX OF BAIL APPL. 3397/2022 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE ORDER DATED 30.03.2022 IN CRL.M.C. 522/2022 BY THE SESSIONS COURT KOZHIKODE Annexure II A TRUE COPY OF THE ORDER DATED 20.04.2022 IN CRL.M.C.607/2022 BY THE SESSIONS COURT, KOZHIKODE B.A.No.3397 of 2022 8 APPENDIX OF BAIL APPL. 3397/2022 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE ORDER DATED 30.03.2022 IN CRL.M.C. 522/2022 BY THE SESSIONS COURT KOZHIKODE Annexure II A TRUE COPY OF THE ORDER DATED 20.04.2022 IN CRL.M.C.607/2022 BY THE SESSIONS COURT, KOZHIKODE