Kerala High Court
Salmanul Faris vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
BAIL APPL. NO. 2734 OF 2024
CRIME NO.227/2024 OF KARIPUR POLICE STATION, Malappuram
PETITIONERS/ACCUSED NOS.3,7 & 8:
1 SALMANUL FARIS,
AGED 36 YEARS
S/O. UMMER, KARUTHEDATH HOUSE, WANDOOR, YEMANGAD,
AMARAMBALAM SOUTH P O, VANIYAMBALAM,
MALAPPURAM DISTRICT, PIN - 679332
2 JAFFAR THOTTATHIL, AGED 28 YEARS
S/O. MUHAMMED, THADATHIL HOUSE, MOTTUPPARA,
KANNAMANGALAM, MALAPPURAM DISTRICT, PIN - 676304
3 RAFEEQUE, AGED 39 YEARS
S/O AHAMMED V,VADAKKEVEETIL, K.K. HOUSE, FAROOQ
COLLEGE, KOZHIKODE DISTRICT, PIN - 673632
BY ADVS.
P.SAMSUDIN
LIRA A.B.
NASRIN WAHAB
DEVIKA E.D.
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SRI.PRASHANTH M.P, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.2734 of 2024 2
P.V.KUNHIKRISHNAN, J.
-------------------------------------------
B.A.No.2734 of 2024
-------------------------------------------
Dated this the 16th day of of April, 2024
O R D E R
Petitioners are accused Nos.3, 7 & 8 in Crime No.227/2024 of Karippur Police Station. The above case is registered alleging offences punishable under Sections 399, 120(B), 363 read with 511 of the Indian Penal Code.
2. The prosecution case in brief is that on 20.03.2024 at 10.45 p.m the accused persons, with the intention to robe gold from one Shafeeq after kidnapping him, came to Newman junction in different vehicles to commit the offence.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. The learned counsel for the petitioners B.A. No.2734 of 2024 3 submits that no offence is committed by the petitioners and the allegation is only an attempt to commit the offence. It is also submitted that there is no criminal antecedents to the petitioners. The learned Public Prosecutor also submits that there is no criminal antecedents reported against the petitioners.
5. Considering the facts and circumstances of the case and also considering the fact that the petitioners are in custody from 21.03.2024, I am of the considered opinion that this bail application can be allowed with 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 B.A. No.2734 of 2024 4 (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.
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:
i. 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 each to the satisfaction of the jurisdictional Court.
ii. The petitioners shall appear before the Investigating Officer for interrogation as and B.A. No.2734 of 2024 5 when required. The petitioners 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 from disclosing such facts to the Court or to any police officer.
iii. Petitioners shall not leave India without permission of the jurisdictional Court.
iv. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected.
v. The petitioners shall appear before the investigating officer on all Mondays till final report is filed.
vi. If any of the above conditions are violated by the petitioner, the jurisdictional B.A. No.2734 of 2024 6 Court can cancel the bail in accordance to law, even though the bail is granted by this Court.
Sd/-
P.V.KUNHIKRISHNAN JUDGE sp/16/04/2024 B.A. No.2734 of 2024 7 APPENDIX OF BAIL APPL. 2734/2024 PETITIONER ANNEXURES Annexure -A1 TRUE COPY OF THE ORDER DATED 23-03-2024 IN CRL MP 726/2024 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I, MANJERI Annexure -A2 TRUE COPY OF THE ORDER DATED 23-03-2024 IN CRL MP 725/2024 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I, MANJERI