Kerala High Court
Tijin @ Ayyan 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. 3052 OF 2024
CRIME NO.176/2024 OF PERUVANNAMUZHY POLICE STATION, KOZHIKODE
AGAINST THE ORDER DATED 03.04.2024 IN CMP NO.1542 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA
PETITIONER/ACCUSED:
TIJIN @ AYYAN
AGED 30 YEARS, S/O RAGHAVAN,
THATTARUKUNNEL HOUSE, CHEMMANODA (P.O.), PERAMBRA,
KOZHIKODE, PIN - 673 528.
BY ADV NIDHI BALACHANDRAN
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682 031.
2 STATION HOUSE OFFICER
PERUVANNAMUZHI POLICE STATION, THRISSUR, PIN - 673 528.
BY ADV. PRASANTH M P (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3052/2024 2
P.V.KUNHIKRISHNAN, J
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B.A.No.3052 of 2024
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Dated this the 16th day of April, 2024
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code.
2. The petitioner is an accused in Crime No. 176/2024 of Peruvannamoozhi Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 454 and 380 of Indian Penal Code.
3. The prosecution case is that in between 06-03-2024 and 26-03-2024, the accused trespassed into upstairs of the house owned by the de facto complainant and his brothers at Chembanoda and committed theft of 4 sacks of black pepper and one sack of arecanuts, which were kept in the store room of the house. Thus the accused committed the offences. The petitioner was arrested and produced before the jurisdictional court on 29-03-2024.
4. Heard the counsel for the petitioner and the Public Prosecutor. The learned counsel for the petitioner submitted B.A.No.3052/2024 3 that the petitioner is in custody from 29-03-2024 onwards. The petitioner is ready to abide by any condition that may be imposed by this Court to grant him bail. The learned Public Prosecutor opposed the bail application.
5. After hearing both sides, I think this bail application can be allowed on stringent conditions. The petitioner is in custody from 29-03-2024 onwards. A perusal of the order passed by the learned Magistrate would not show that there is any criminal antecedents against the petitioner. Therefore, this bail application can be allowed on condition that if the petitioner is involved in similar offences, the investigating officer can file appropriate application before the jurisdictional court and the jurisdictional court will consider the same and pass orders even though this bail order is passed by this Court.
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.
B.A.No.3052/2024 4
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. 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.
ii. 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 facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
iii. Petitioner shall not leave India without permission of the jurisdictional Court.
iv. 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.
v. The petitioner shall appear before the investigating officer B.A.No.3052/2024 5 on all Mondays till final report is filed. vi. 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.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE ats B.A.No.3052/2024 6 APPENDIX OF BAIL APPL. 3052/2024 PETITIONER'S ANNEXURES Annexure A1 CERTIFIED COPY OF ORDER IN C.M.P. NO.
1542/2024 DATED 3.4.2024 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, PERAMBRA