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. 3328 OF 2022
PETITIONER/S:
NISHAD
AGED 38 YEARS
S/O ASHARAF,
PUTHENVEETTIL HOUSE, NEENDOOR, CHITTATTUKARA,
NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683513
BY ADV P.A.MUJEEB
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
ADV VIPIN NARAYAN - SR P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3328 OF 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3328 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. The petitioner is one of the accused in crime No.433/2022 of Central Police Station, Ernakulam. The above case is registered against the petitioner and others alleging offence punishable under Sections 394 of the IPC.
3. The prosecution case is that on 08.04.2022 at 5.30 am, while the defacto complainant was sitting at marine drive, Ernakulam, after his morning walk, the accused person came towards him and demanded money. It is alleged that the 2 nd accused fisted the defacto complainant with hands on his back and took away 50 rupees from his pocket. It is also alleged that the 1st accused snatched away his mobile phone and the 3rd accused intimidated him and caused injury with a blade and demanded Rs.25000/-. Thus the accused committed the above BAIL APPL. NO. 3328 OF 2022 3 offences. The petitioner was arrested on 08.04.2022.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from 08.04.2022. The Counsel submitted that there is no criminal antecedents to the petitioner. The Counsel submitted that the petitioner is ready to abide any conditions if this Court grants him bail. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner committed serious offences. It is true that the allegations against the petitioners are very serious. But the petitioner is in custody from 08.04.2022. No criminal antecedents is alleged against the petitioner. The petitioner can be released on bail on condition that the petitioner will appear before the Investigating Officer.
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 BAIL APPL. NO. 3328 OF 2022 4 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. 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 BAIL APPL. NO. 3328 OF 2022 5 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 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, Wednesdays 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 BAIL APPL. NO. 3328 OF 2022 6 approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions.
Sd/-
P.V.KUNHIKRISHNAN JUDGE Nsd BAIL APPL. NO. 3328 OF 2022 7 APPENDIX OF BAIL APPL. 3328/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE ORDER DATED 20.04.2022 IN C.MP.NO. 843/2022 OF HON'BLE CHIEF JUDICIAL MAGISTRATE COURT AT ERNAKULAM