Kerala High Court
Biju 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. 3094 OF 2024
CRIME NO.289/2024 OF Ochira Police Station, Kollam
PETITIONER(S)/ACCUSED NO.1:
BIJU
AGED 52 YEARS
S/O PUSHPANGADHAN, RESIDING AT HARINANDANAM VEEDU,
CLAPPANA NORTH MURI,CLAPPANA VILLAGE FROM NEDIYATH
VEEDU, PAYIKUZHI, MURI, OACHIRA VILLAGE., PIN - 690526
BY ADVS.
NAVANEETH.N.NATH
GAUTHAM KRISHNA E.J.
ABHIRAMI S.
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
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. 3094 OF 2024
2
P.V.KUNHIKRISHNAN, J.
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B.A. No.3094 of 2024
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Dated this the 19th day of April, 2024
ORDER
This Bail application is filed under Section 439 of Criminal Procedure Code.
2. The petitioner is the 1st accused in Crime No.289/2024 of Oachira Police Station, Kollam District. The above case is registered against the petitioner alleging offences punishable under Section 294(b), 324 and 307 r/w 34 of IPC.
3. The prosecution case is that, due to the previous enmity of the accused towards the husband, B.A. NO. 3094 OF 2024 3 son and relatives of the de-facto complainant, the accused jointly attacked the de-facto complainant and others on 08.03.2024 at 10.00 P.M. and attempted to commit murder of the de-facto complainant's son Sujith by stabbing on his stomach with a knife. The petitioner was arrested on 09.03.2024.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is in custody from 09.03.2024 onwards. The counsel for the petitioner also submitted that the petitioner is ready to obey any conditions, if this Court grant him bail. The learned Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioner B.A. NO. 3094 OF 2024 4 inflicted the fatal injuries to the de-facto complainant and others and he may not be released on bail at this stage.
6. This Court considered the contention of the petitioner and the Public Prosecutor. There is force in the argument of the Public Prosecutor that the petitioner is the main accused and he inflicted the fatal injuries to the injured as per the prosecution casse. But, the petitioner is in custody from 09.03.2024 onwards. Indefinite incarceration of the petitioner is not necessary. The petitioner can be released on bail after imposing stringent conditions. Since, the injured sustained serious injuries, there can be a direction to the petitioner, not to enter the jurisdictional limit of Oachira Police Station for a B.A. NO. 3094 OF 2024 5 period of 60 days or till final report is filed. With that condition, I think, this bail application can be allowed.
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:
B.A. NO. 3094 OF 2024 6
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. 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.
B.A. NO. 3094 OF 2024 7
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 they are accused, or suspected, of the commission of which he is suspected.
5. The petitioner shall appear before the investigating officer on all Mondays till final report is filed.
6. The petitioner shall not enter the jurisdictional limit of Oachira Police Station for a period of 60 days or till final report is filed in Crime No.289/2024. Within one week from the release of the petitioner, the petitioner shall give his residential B.A. NO. 3094 OF 2024 8 address, where he is going to reside during the above period, to the investigating officer with his phone number.
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
nvj JUDGE