Kerala High Court
Jegannadhan vs State Of Kerala on 19 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
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 3380 OF 2024
CRIME NO.394/2024 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM
PETITIONER(S):
1 JEGANNADHAN, AGED 21 YEARS
S/O PONNAPPAN, MOONARATHOONIYIL VEETTIL,
KULASEKHARAMANGALAM VILLAGE, EDAVATTOM KARA,
EDAVATTOM.P.O., THALAYOLAPARAMBU, PIN - 686605
2 ASHAL, AGED 19 YEARS
S/O SATHEESHAN, VAIMBANATHVEETTIL,
KULASEKHARAMANGALAM VILLAGE, EDAVATTOM KARA,
EDAVATTOM.P.O., THALAYOLAPARAMBU, PIN - 686605
3 MUHAMMAD ANSARY, AGED 19 YEARS
S/O DILEEP, VAZHATHARAYIL VEETTIL,
KULASEKHARAMANGALAM VILLAGE, EDAVATTOM KARA,
EDAVATTOM.P.O., THALAYOLAPARAMBU, PIN - 686605
BY ADVS.
PAUL ABRAHAM VAKKANAL
VINEETHA SUSAN THOMAS
ABRAHAM VAKKANAL (SR.)
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, REPRESENTING THE S.I. OF POLICE,
THALAYOLAPARAMBU POLICE STATION, PIN - 682031
2 ABIN KUNJUMON, AGED 24 YEARS
S/O KUNJUMON, NADUTHURUTHEL HOUSE, NEAR KARTHYANI
TEMPLE, KIZHAKKEPURAM KARA, VADAYAR VILLAGE,
KOTTAYAM, PIN - 686605
BY ADVS.
PRASUN.S
N.A.RETHEESH(K/184/2005)
SRI.PRASANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.3380 of 2024
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3380 of 2024
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Dated this the 19th day of April, 2024
ORDER
This Bail Application is filed under Section 439 of the Criminal Procedure Code (Cr.P.C.)
2. The petitioners are the accused in Crime No.394/2024 of Thalayolapparambu Police Station. The above case is registered against the petitioners alleging offence punishable under Sections 141, 142, 143, 147, 294(b), 341, 323, 363, 365, 368, 212 r/w 149 of IPC. The petitioners were arrested and produced before the court on 10.04.2024 and they were remanded to judicial custody.
3. The prosecution case in brief is as follows:
On 05.04.2024 at about 09.30 p.m, the accused in furtherance of their common intention followed first informant and when he reached near to Karthyayani B.A.No.3380 of 2024 3 Temple, Thalayolapparambu, the accused Nos.1 and 2 uttered obscene words towards the first informant and accused Nos.3 and 4 wrongfully restrained him and beat him. Thereafter accused Nos.1 to 4 forcefully taken him in their bike and thereafter kept him at Chunkam and he was confined there. Hence it is alleged that the accused committed the afore said offences.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. When this Bail application came up for consideration, the counsel appearing for the petitioner submitted that the entire dispute between the petitioners and the defacto complainant are settled and an affidavit of the defacto complainant is also produced as Annexure A2. The learned Public Prosecutor opposed the Bail application and submitted that the offence alleged includes non compoundable offence.
6. It is a fact that the petitioners are in custody from 09.04.2024 onwards. Considering the facts and B.A.No.3380 of 2024 4 circumstances of the case, I think the continued detention of the petitioners is not necessary. The petitioners can be released on bail after imposing stringent conditions.
7. 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.
8. 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. Petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties B.A.No.3380 of 2024 5 each for the like sum to the satisfaction of the jurisdictional Court.
2. The petitioners shall appear before the Investigating Officer for interrogation as and 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 them from disclosing such facts to the Court or to any police officer.
3. Petitioners shall not leave India without permission of the jurisdictional Court.
4. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. Petitioners shall appear before the investigating officer on all Mondays at 10 A.M. till final report is filed.B.A.No.3380 of 2024
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6. If any of the above conditions are violated by the petitioners, 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 DM B.A.No.3380 of 2024 7 APPENDIX OF BAIL APPL. 3380/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER DT. 11-4-2024 IN CMP 1904 / 2024 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, VAIKOM.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT BY THE 2ND RESPONDENT DT. 15-4-2024.
ANNEXURE A3 TRUE COPY OF THE CERTIFICATE DATED 18- 4-2024 ISSUED BY THE PRINCIPAL, GOVT. POLYTECHNIC COLLEGE, KADUTHURUTHY, SHOWING INTER ALIA THAT THE 1ST APPLICANT IS HAVING ADMISSION NO. 5199 AND IS A FINAL YEAR STUDENT OF THE SAID COLLEGE.
ANNEXURE A4 TRUE COPY OF THE CERTIFICATE DT. 17-4- 2024 ISSUED BY THE CENTRE IN CHARGE, IMAGE CREATIVE EDUCATION, PALARIVATTOM, SHOWING INTER ALIA THAT THE 2ND APPLICANT WAS A REGULAR STUDENT IN THAT INSTITUTION FROM 2021- 2023 AND HIS COURSE WAS COMPLETED IN NOVEMBER 2023.
ANNEXURE A5 TRUE COPY OF THE CERTIFICATE DT. 17-4- 2024 ISSUED BY THE PRINCIPAL, ORIENTAL SCHOOL OF HOTEL MANAGEMENT, LAKKIDI, WAYANAD, SHOWING INTER ALIA THAT THE 3RD APPLICANT IS STUDYING B.SC. HOSPITALITY & HOTEL ADMINISTRATION IN THE SAID INSTITUTE.
ANNEXURE A6 TRUE COPY OF THE DATE SHEET DT. 19-3- 2024 ISSUED BY THE DIRECTOR (STUDIES) OF THE NATIONAL COUNCIL FOR HOTEL MANAGEMENT AND CATERING TECHNOLOGY, SHOWING THE EXAMINATION SCHEDULE FOR B.A.No.3380 of 2024 8 ACADEMIC YEAR 2023-2024 IN RESPECT OF THE COURSE PURSUED BY THE 3RD APPLICANT.
RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE