BAIL APPL. NO. 3212 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. 3212 OF 2022
CRIME NO.260/2022 OF Kilikolloor Police Station, Kollam
PETITIONER/S:
NIYAS
AGED 35 YEARS,S/O MUHAMMED KUNJU
NIYAS MANZIL
NEAR CHATHINAMKULAM CHURCH
CHATHINAMKULAM CHERRY
PANAYAM VILLAGE
KOLLAM TALUK,
KOLLAM DISTRICT, PIN - 691601
BY ADVS.
C.RAJENDRAN
B.N.HASKAR
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY SRI.SANAL P. RAJ, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3212 OF 2022 2
P.V.KUNHIKRISHNAN, J
===================
B.A.No. 3212 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 5th accused in Crime No.260 of 2022 of Kilikolloor Police Station. The above case is registered against the petitioner and other accused alleging offences punishable under Secs. 143, 146, 147, 148, 452, 323, 294(b) and 307 r/w 34 IPC.
3. The prosecution case is that the petitioner and others formed themselves into an unlawful assembly with dangerous weapons in prosecution of their common object to do away with the defacto complainant, trespassed BAIL APPL. NO. 3212 OF 2022 3 into the house of the defacto complainant on 19.3.2022 at 23 hours. It is alleged that the accused inflicted multiple cut injuries on the defacto complainant using sword. The wife of the defacto complainant was also assaulted when she tried to prevent her husband from being attacked.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner was arrested on 24.3.2022 and he is in custody from that date onwards. The counsel for the petitioner 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 opposed the bail application. The Public Prosecutor submitted that the 1st accused in the case involved in 24 crimes and the 6 th accused in the case involved in 8 crimes. The Public Prosecutor submitted that BAIL APPL. NO. 3212 OF 2022 4 the petitioner has got close acquaintance with the 1 st and 6th accused. It is true that the allegation against the petitioner is very serious. But the petitioner is in custody from 24.3.2022. It is clear from the statement of the Public Prosecutor that there is no criminal antecedents reported against the petitioner. Considering the facts and circumstances of this case, I think the bail application can be allowed on stringent conditions.
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.
BAIL APPL. NO. 3212 OF 2022 5
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. 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. 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 such facts to the BAIL APPL. NO. 3212 OF 2022 6 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. The petitioner 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 petitioner,
the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution BAIL APPL. NO. 3212 OF 2022 7 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