BAIL APPL. NO. 3133 OF 2022 1
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. 3133 OF 2022
CRIME NO.156/2022 OF Marayur Police Station, Idukki
PETITIONER/S:
1 BHARATHIRAJA
AGED 20 YEARS
S/O KANAKARAJ, HOUSE NO MGP XII/134, MICHAELGIRIKARA,
MICHAELGIRIBAHAGOM,
MARAYOOR KARA, MARAYOOR VILLAGE, IDUKKI DISTRICT, PIN - 685620
2 PERIYAKARUPPAN @ MUTHUKUMAR
AGED 18 YEARS
S/O. SANKILL,
HOUSE NO MGP XII/138, MICHAELGIRIKARA, MICHAELGIRIBAHAGOM,
MARAYOOR KARA, MARAYOOR VILLAGE, IDUKKI DISTRICT, PIN - 685620
3 AJITH
AGED 20 YEARS
S/O KARUPPUSWAMY,
HOUSE NO MGP XII/10,CHERUVADU KARA, MICHAELGIRIKARA,
MICHAELGIRIBAHAGOM, MARAYOOR KARA, MARAYOOR VILLAGE, IDUKKI
DISTRICT., PIN - 685620
4 VINOD KUMAR
AGED 21 YEARS
S/O VIJAYAKUMAR, MGP X/123,
MELADIBHAGOM, MARAYOOR KARA, IDUKKI DISTRICT, PIN - 685620
BY ADVS.
N.K.SHYJU
DEEPAK RAJ
C.P.ROOPA
GIREESH PANKAJAKSHAN
ARCHANA MITHRAN O.K.
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR, SRI.SANAL P.RAJ
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.05.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3133 OF 2022 2
P.V.KUNHIKRISHNAN, J
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B.A.No. 3133 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.156 of 2022 of Marayoor Police Station. They are accused Nos.2 to
5. The above case is registered against the petitioners alleging offences punishable under Secs. 143, 147, 148, 294(b), 325, 308 r/w 149 of the IPC.
3. The prosecution case is that on 16.3.2022 at 5 p.m, at old sugar mill in Cheruvadu Bhagom of Michaelgiri Kara of Kanthalloor Village, the accused persons after hatching a criminal conspiracy formed themselves into an unlawful assembly and they restrained the autorikshaw in which the defacto complainant came. It is alleged that BAIL APPL. NO. 3133 OF 2022 3 accused Nos. 2 to 5 pulled out the defacto complainant from the autorikshaw. The prosecution further alleged that the 1st accused uttered obscene words against the defacto complainant and inflicted an injury using a knife. The petitioners were arrested on 17.3.2022.
4. Heard counsel for the petitioners and the Public Prosecutor.
5. The counsel for the petitioners submitted that the petitioners are in custody from 17.3.2022. The counsel submitted that the main overtact is against the 1 st accused. There is no specific overtact against the petitioners. The counsel submitted that the petitioners are ready to abide any conditions, if this Court grants them bail. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioners committed serious offence. It is true that the allegations against the petitioners are very serious. But the main allegation is against the 1st accused. The 1st accused used the weapon. BAIL APPL. NO. 3133 OF 2022 4 Considering the facts and circumstances of this case and also considering the period of detention, I think the bail application can be allowed.
6. 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.
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 directions:
1. The petitioners shall be released on bail on executing a bond for Rs.50,000/- BAIL APPL. NO. 3133 OF 2022 5 (Rupees Fifty Thousand only) 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 him/her from disclosing such facts to the Court or to any police officer.
3. The petitioners shall not leave India without permission of the jurisdictional Court.
4. The petitioners shall not commit an offence similar to the offence of which BAIL APPL. NO. 3133 OF 2022 6 they are accused, or suspected, of the commission of which they are suspected.
5. The petitioners shall appear
before the investigating officer on all
Mondays and Fridays at 10 a.m., till final report is filed.
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 SKS