Kerala High Court
Midhun Mukundan 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. 2421 OF 2024
CRIME NO.181/2024 OF North Paravur Police Station,
Ernakulam
PETITIONER(S)/ACCUSED 1 TO 5:
1 MIDHUN MUKUNDAN
AGED 32 YEARS
S/O MUKUNDAN,EDATHARA (H),
NANDHYATTUKUNNAM, NORTH PARAVUR,
PIN - 683513
2 NANDAKUMAR.P.U
AGED 28 YEARS
S/O UNNI.K.B,PUKKATPARAMBU (H),
THONIYAKAVU, NORTH PARAVUR,
PIN - 683513
3 VISHNU.T.K.,
AGED 31 YEARS
S/O KRISHNAN, THEKKE COLONY,
VALLUVALLY, KOONAMMAVU,
NORTH PARAVUR,
PIN - 683513
4 AKHIL.N.P.
AGED 31 YEARS
S/O PRADEEP,NAMBOORIPARAMBIL (H),
KAITHARAM, NORTH PARAVUR,
PIN - 683513
5 VISHNU.K.M.
AGED 30 YEARS
S/O MOHANAN,KALATHIPARAMBU (H),
KAITHARAM, NORTH PARAVUR,
PIN - 683513
BY ADV M.VIVEK
RESPONDENT(S)/COMPLAINANT:
1 STATE OF KERALA
B.A.No.2421 of 2024
2
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA,ERNAKULAM, KOCHI, PIN - 682031
BY ADVS.
PRASUN.S
N.A.RETHEESH
SMT.SEENA C., 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.2421 of 2024
3
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.2421 of 2024
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Dated this the 19th day of April, 2024
ORDER
This Bail Application is filed under Section 438 of Criminal Procedure Code (Cr.P.C.)
2. Petitioners are the accused in Crime No.181/2024 of North Paravur Police Station. The above case is registered alleging offences punishable under Sections 143, 144, 147, 323, 341, 324, 294(b), 307, 506 r/w 149 IPC.
3. The prosecution case is that, there is a criminal case pending against the accused persons for assaulting the brother of the defacto complainant. The accused persons demanded to withdraw that case. But, that was no considered. On account of this enmity, on 20.02.24 at about 1:00 p.m, the accused persons formed themselves into B.A.No.2421 of 2024 4 an unlawful assembly and to prosecute the common object of that unlawful assembly, reached near Thonniakavu temple. The first accused fisted one Mr.Akhil. He also beat one Mr.Suneesh on his head using the iron pipe. On seeing this, the defacto complainant intervened to save him. The first accused beat him using the very same iron pipe. Third and fourth accused fisted him on several parts of his body and kicked him. One of his friends helped the defacto complainant to stand up and he was also assaulted by beating on his head by first and second accused persons. Third accused beat one Mr.Abhilash using iron rod. One Mr.Nishad was pushed down by the accused persons and he was also assaulted by fisting and kicking. The brother of the defacto complainant reached to take them to the hospital and 3rd accused waved knife against him and he sustained injuries and thereby the accused committed the afore said offences. B.A.No.2421 of 2024 5
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. It is submitted that there is case and counter case and in the connected case (B.A.No.2413/2024), this Court already granted bail. In this case also, the matter is settled and an affidavit is filed by the victims. But the offence under Section 307 is involved and therefore, this Court can not accept the affidavit. But considering the fact that there is case and counter case, the bail can be granted. Therefore, this Bail application can be allowed after imposing 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 B.A.No.2421 of 2024 6 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:
1. Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;
2. After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;
3. Petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the B.A.No.2421 of 2024 7 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;
4. Petitioners shall not leave India without permission of the jurisdictional Court;
5. 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;
6. Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].B.A.No.2421 of 2024
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7. 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 DM B.A.No.2421 of 2024 9 APPENDIX OF BAIL APPL. 2421/2024 PETITIONER ANNEXURES ANNEXURE -A TRUE COPY OF THE HON'BLE SESSIONS COURT, ERNAKULAM IN CRL.M.C.NO: 684 OF 2024 DATED 15-03-2024 RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE