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. 3317 OF 2022
CRIME NO.429/2018 OF CHIRAYINKEEZHU POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.4:
AKHIL @ SHALU
AGED 29 YEARS, S/O.PRAKASH
S.S BHAVAN, NEAR PERUMKUZHY VPUPS,
PERUMKUZHY DESAM, AZHOOR VILLAGE,
THIRUVANANTHAPURAM - 695305.
BY ADV M.R.SARIN
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.SMT.SREEJA V, SENIOR 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.3317 of 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3317 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. Petitioner is the 4th accused in Crime No.429 of 2018 of Chirayinkeezhu Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 341, 294(b), 323, 324, 326, 307, 201 r/w 34 IPC. Petitioner was arrested on 24.03.2022 and from that date onwards he is in custody.
3.The prosecution case is that due to previous animosity towards one Mr.Mukesh, who is the brother of the de facto complainant, the accused in furtherance of their common intention B.A.No.3317 of 2022 3 to commit murder of Mukesh, wrongfully restrained him and attacked him. It is alleged that the de facto complainant sustained very serious injuries.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from 24.03.2022 onwards. The counsel also submitted that the main allegation is against the other accused and the petitioner is only the 4 th accused. The counsel submitted that the petitioner is ready to abide any conditions if this Court grant him bail. The learned Public Prosecutor seriously opposed the bail application. It is true that the allegation against the petitioner and the other accused are very serious. But on going through the prosecution case, the serious allegation is against the other accused. Petitioner is the 4 th accused. Petitioner is in custody from 24.03.2022 B.A.No.3317 of 2022 4 onwards. Indefinite incarceration of the petitioner is not necessary in the facts and circumstances of this case. Petitioner can be directed to appear before the Investigating officer till final report is filed. With the above condition, 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. Considering the dictum laid down in the above decision and considering the facts and B.A.No.3317 of 2022 5 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 him/her from disclosing B.A.No.3317 of 2022 6 such facts to the Court or to any police officer.
3. Petitioner shall not leave India without 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 he is suspected.
5. Petitioner shall appear before the Investigating Officer on all Mondays and Fridays at 10 am till final report is filed.
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 B.A.No.3317 of 2022 7 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 DM B.A.No.3317 of 2022 8 APPENDIX OF BAIL APPL. 3317/2022 PETITIONER ANNEXURES ANNEXUREA1 TRUE COPY OF THE FIR IN CRIME NO.
429/2018 OF CHIRAYINKEEZHU POLICE STATION ANNEXUREA 2 CERTIFIED COPY OF ORDER INCMP NO.
850/2022 BEFORE THE HON'BLE TEMPORARY JUDICIAL FIRST CLASS MAGISTRATE, ATTINGAL DATED 29.03.2022 //TRUE COPY// PA TO JUDGE