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. 3413 OF 2022
CRIME NO.134/2022 OF Walayar Police Station, Palakkad
PETITIONERS/ ACCUSES NOS. 3 TO 5
1 NOUFAL N
AGED 28 YEARS
SON OF NAZAR, VENNAKKARA, THIRUNELLAI, NURANI,
PALAKKAD DISTRICT., PIN - 678004
2 ABUTHAHIR M
AGED 31 YEARS
SON OF MOHAMMED, MULLAVALAPPIL HOUSE, KALLIKKAD,
PALLIPURAM, PALAKKAD DISTRICT, PIN - 678004
3 NISHAD
AGED 35 YEARS
SON OF SUDHEER, VALLIKKATH HOUSE, MYTHRI NAGAR,
EAST YAKKARA, PALAKKAD., PIN - 678701
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, 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. 3413 OF 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3413 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 accused Nos. 3 to 5 in Crime No.134 of 2022 of Walayar Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 143, 147, 148, 341, 363, 324, 308, 395 and 506(ii) read with Section 149 IPC.
3. The prosecution case is that on 07.04.2022 at 7.30 p.m., accused Nos. 1 to 8 formed themselves into an unlawful assembly, in prosecution of their common object, armed with deadly weapons and forcibly took BAIL APPL. NO. 3413 OF 2022 3 the de facto complainant in a car from the surroundings of a company by name Theertham Polystuff at Kanjikode. It is alleged that the de facto complainant was taken to various places and beat him with dangerous weapons and criminally intimidated him. Hence it is alleged that the accused committed the offence.
4. Heard counsel for the petitioners and the Public Prosecutor. The counsel for the petitioners submitted that the petitioners have not committed any offence. The counsel submitted that petitioners are accused Nos. 3 to 5 and there is no serious allegation against the petitioners. The counsel also submitted that the petitioners are ready to abide any conditions if this Court grant them bail. The counsel also submitted that the 2nd accused is also released on bail as evident from Annexure 4. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor takes me BAIL APPL. NO. 3413 OF 2022 4 through Annexure 1 FIR, in which serious allegations are raised against the petitioners. It is true that the allegation against the petitioners are very serious. I perused the First Information Report produced as Annexure 1. The 2nd accused was released on medical ground. That is not a ground to release the petitioners. But the petitioners are in custody from 22.04.2022. Considering the serious nature of the allegations, there can be a direction to the petitioners not to enter the jurisdictional limit of Walayar Police Station for a period of 60 days or till final report is filed, whichever is earlier. With such a condition, 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, BAIL APPL. NO. 3413 OF 2022 5 observed that, the basic jurisprudence relating to bail remains the same in as much 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) each 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 petitioners shall co-
operate with the investigation and shall not, directly or indirectly make any inducement, BAIL APPL. NO. 3413 OF 2022 6 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. The petitioners shall not enter the jurisdictional limit of Walayar Police Station for a period of 60 days or till final report is filed, whichever is earlier. The petitioners shall furnish the phone number and details of the place where they are going to reside during the above period to the Jurisdictional BAIL APPL. NO. 3413 OF 2022 7 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 hmh