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. 3374 OF 2022
PETITIONER/S:
SIDHIK
AGED 26 YEARS
THOTTARIKATH VEEDU,
NEAR POTTANKAVU NELLIKKADU SREE DHARMASASTHA TEMPLE
KATTAKKADA, THIRUVANANTHAPURAM - 695 572
, PIN - 695572
BY ADVS.
S.KRISHNA
GOVIND R.
RESPONDENT/S:
1 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM - 682 031
, PIN - 682031
2 STATION HOUSE OFFICER
VALIATHURA POLICE STATION, THIRUVANANTHAPURAM CITY, PIN -
695008
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..3374 of 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No..3374 of 2022
-------------------------------
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.254/2022 of Valiyathura Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 294(b), 506, 364, 307 r/w 34 the IPC. Section 27 of the Arms Act is also alleged.
3. The prosecution case is that on 17.03.2022, about 4 pm, the accused in furtherance of their common intention, came in a car and hit their bike and attempted to commit murder of the friend of the informant. It is also alleged that the accused abducted the friend of the informant in the car. It is also alleged that when the informant tried to intervene, the accused B.A.No..3374 of 2022 3 criminally intimidated him by brandishing a sword. Hence it is alleged that the accused committed the above said offences.
4. Heard counsel for the petitioner and the Public Prosecutor. The Counsel for the petitioner submitted that the petitioner is under custody from 21.03.2022 onwards. The Counsel also submitted that the petitioner is only the 4 th accused and the main overt acts are against the other accused. The Counsel submitted that the petitioner is ready to abide any condition if this Court grant him bail. The Public Prosecutor seriously opposed the grant of bail application. Public Prosecutor submitted that the petitioner committed serious offence. It is true that the allegations against the petitioner is very serious. But the petitioner is in custody from 21.03.2022 onwards. Indefinite incarceration of the petitioner is not necessary in the facts and circumstances of the case. There can be a direction to the petitioner to appear before the Investigating Officer till final report is filed.
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 B.A.No..3374 of 2022 4 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. Hence, this Bail Application is allowed in the following manner:-
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 B.A.No..3374 of 2022 5 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.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. Petitioner shall not commit any offence similar to the offence of which they are accused or suspected of the commission of which they suspected.
5. The 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 granted by this Court. The prosecution and the victim are at liberty to approach the B.A.No..3374 of 2022 6 jurisdictional court to cancel the bail, if there is any violation of the above conditions.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE Nsd B.A.No..3374 of 2022 7 APPENDIX OF BAIL APPL. 3374/2022 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO 0254/2022 OF VALIATHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 18.03.2022 Annexure 2 THE TRUE COPY OF ORDER IN C.M.P 474/2022 DATED 21.04.2022 ON THE FILE OF JFMC-XI