Kerala High Court
Hashir Chakkuvalappil vs State Of Kerala on 4 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
BAIL APPL. NO. 3277 OF 2022
CRIME NO.75/2022 OF Bekal Police Station, Kasargod
PETITIONER/S:
HASHIR CHAKKUVALAPPIL
AGED 26 YEARS
PALLIPADI, KUTTIPURAM VILLAGE, MALAPPURAM
DISTRICT., PIN - 679571
BY ADVS.
VISHNU BHUVANENDRAN
B.ANUSREE
RESHMA UNNIKRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
B.A.No.3277 of 2022
P.V.KUNHIKRISHNAN, J.
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B.A.No.3277 of 2022
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Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of
Criminal Procedure Code.
2. Petitioner is one of the accused in Crime No.75 of 2022
of Bakel Police Station. The above case is registered against
the petitioner and other accused alleging offences punishable
under Sections 143, 147, 148, 286, 341, 427, 324 and 307 read
with 149 IPC. The offences under the Explosives Act and Arms
Act are also alleged. The petitioner was arrested on 30.03.2022
and he is in custody.
3.The prosecution case is that on 16.01.2022 at 9 pm the
accused formed an unlawful assembly armed with deadly
weapons, explosive crackers etc. It is also alleged that
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assailants wrongfully restrained the injured and attacked with
dangerous weapons. Hence, it is alleged that the accused
committed the offence.
4. Heard counsel for the petitioner and the Public
Prosecutor. The counsel for the petitioner submitted that the
petitioner is in custody from 30.03.2022 onwards. The counsel
submitted that there is no specific overt act attributed against
the petitioner. The counsel also submitted that the petitioner is
not even identified in the First Information Statement. The
counsel also submitted that the petitioner is ready to abide any
condition if this Court grant him bail. The learned Public
Prosecutor seriously opposed the bail application. The Public
Prosecutor submitted that the petitioner absconded after the
incident. The presence of the petitioner may not be available
for trial if he is granted bail, is the submission of the Public
Prosecutor. It is true that the allegation against the petitioner is
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very serious. But the petitioner is in custody from 30.03.2022
onwards. The main objection from the side of the prosecution
is that the petitioner may abscond if he is released on bail. The
same can be protected by directing the petitioner to surrender
his Passport and also directing him to appear before the
Investigating Officer till the final report is filed. Considering
the facts and circumstances of the case and also considering the
period of detention, I think the petitioner can be released on bail
on stringent conditions.
5. 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 in as much as the grant of bail is the rule
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and refusal is the exception so as to ensure that the accused has
the opportunity of securing fair trial.
6. 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. 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.
3. Petitioner shall not leave India without permission
of the jurisdictional Court.
B.A.No.3277 of 2022
4. 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.
5. Petitioner shall surrender his Passport before the
jurisdictional court. If there is no passport, the
petitioner will file an affidavit to that effect before the
jurisdictional court.
6. Petitioner shall appear before the Investigating
Officer on all Mondays and Fridays at 10 am till the
final report is filed.
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. The prosecution and the victim are at
liberty to approach the jurisdictional court to cancel
the bail, if there is any violation of the above
conditions.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
B.A.No.3277 of 2022
APPENDIX OF BAIL APPL. 3277/2022
PETITIONER ANNEXURES
Annexure-I CERTIFIED COPY OF THE FIR NO75/2022 OF
BAKEL POLICE STATION, KASARAGODE
DISTRICT ALONG WITH FIS DATED
17.01.2022
Annexure-II CERTIFIED COPY OF THE ORDER IN CMP
NO.1971/2022 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT- II, HOSDURG
DATED 01.04.2022
