Akshay G.S vs State Of Kerala
2022 Latest Caselaw 4941 Ker

              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. 3360 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 820/2022 OF JUDICIAL MAGISTRATE
                        OF FIRST CLASS , ADOOR
PETITIONERS/ACCUSED NO.2, 3 & 8:

     1     AKSHAY G.S
           AGED 19 YEARS
           S/O GIREESHKUMAR,
           SREEJA BHAVAN, NEAR ATHIYEKKAL THENGAMAN MADOM TEMPLE,
           PATTAZHI NORTH P.O, PATTAZHI VADAKKEKARA MURI, KADUVATHODU,
           KOLLAM DISTRICT, PIN - 691522

     2     AKHILESH
           AGED 20 YEARS
           S/O ARAVINDAKSHA KURUP,
           "SREESYLAM", THERUVUMUKKU, CHARUMMOODU P.O,
           CHUNAKARA SOUTH MURI, ALAPPUZHA DISTRICT
           PIN - 690505

     3     AKHIL S. PILLAI
           AGED 22 YEARS
           S/O SOMAN PILLAI, FROM POKKATTIL KIZHAKKETHIL VEEDU, NEAR
           KUDASSANADU
           VALIYAPPALLI, KURAMPALA SOUTH P.O, KURAMPALA VILLAGE,
           AND NOW RESIDING AT THUNDATHIL VEEDU, NEAR PANDALAM
           MAHADEVA TEMPLE, MUDIYOORKONAM P.O, THOTTAKONAM MURI,
           PANDALAM VILLAGE, PATHANAMTHITTA DISTRICT , PIN - 689501

           BY ADVS.
           MANU RAMACHANDRAN
           M.KIRANLAL
           R.RAJESH (VARKALA)
           T.S.SARATH
           SAMEER M NAIR
           HARSHA SUSAN SAM
           GEETHU KRISHNAN

RESPONDENT/COMPLAINANT/STATE:

     1     THE STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
 B.A.No.3360 of 2022
                             2

           PIN - 682031

    2      THE STATION HOUSE OFFICER
           PANDALAM POLICE STATION,
           PATHANAMTHITTA DISTRICT, PIN - 689501

           BY ADV. VIPIN NARAYAN, SENIOR PUBLIC PROSECUTOR




        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.3360 of 2022
                                3



                P.V.KUNHIKRISHNAN, J
             --------------------------------
                  B.A.No.3360 of 2022
              -------------------------------
          Dated this the 4th day of May, 2022


                          ORDER

This Bail Application is filed under Section

439 of Criminal Procedure Code.

2. Petitioners are the accused in Crime

No.475 of 2022 of Pandalam Police Station,

Pathanamthitta District. The above case is

registered against the petitioners and others

alleging offences punishable inter alia under

Section 308 IPC. Petitioners were arrested on

21.04.2022 and from that date onwards they are

in custody.

3. The prosecution case is that the

petitioners and others formed themselves into an

unlawful assembly armed with deadly weapons

wrongfully restrained and criminally intimidated B.A.No.3360 of 2022

the defacto complainant near the Economics

Department at NSS College, Pandalam on

20.04.2022 at 01.15 pm. It is alleged that the

petitioners physically attacked the defacto

complainant and he sustained serious injuries.

4. Heard counsel for the petitioners and the

Public Prosecutor. Counsel for the petitioners

submitted that the incident is not happened as

alleged by the prosecution. The counsel

submitted that some of the accused also

sustained injuries and they approached the

hospital for treatment as evident by Annexure A2

OP registration card. The counsel also takes me

through Annexure A4 which was a complaint filed

by the mother of one of the accused. The

learned Public Prosecutor seriously opposed the

bail application. The Public Prosecutor submitted

that the allegation against the petitioners are

very serious and the petitioners may not be B.A.No.3360 of 2022

released on bail at this stage. It is true that the

allegation against the petitioners are very

serious. But the petitioners are in custody from

21.04.2022 onwards. The incident happened in

connection with a dispute in a college where the

petitioners were students. The defacto

complainant is also a student. There are

allegation and counter allegation about the

incident. This Court is not in a position to find

out the truth at this stage. Considering the

detention period and the progress in the

investigation, I think the petitioners can be

released on bail.

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 B.A.No.3360 of 2022

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.

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. Petitioners shall be

released on bail on executing a

bond for Rs.50,000/- (Rupees

Fifty Thousand only) each with

two solvent sureties 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 B.A.No.3360 of 2022

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/her 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. If any of the above B.A.No.3360 of 2022

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.

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 DM B.A.No.3360 of 2022

APPENDIX OF BAIL APPL. 3360/2022

PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE REMAND REPORT DATED 21.04.2022 FILED BY THE 2ND RESPONDENT IN CRIME NO.475 OF 2022 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT ANNEXURE A2 THE TRUE COPY OF THE OP REGISTRATION CARD AND CASUALTY OP TICKET OF 1ST AND 3RD PETITIONER ISSUED FROM NSS MEDICAL MISSION HOSPITAL, PANDALAM ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED 23.04.2022 IN CRL.MP NO. 820/2022 OF JFMC, ADOOR ANNEXURE A4 THE TRUE COPY OF THE COMPLAINT DATED 23.04.2022 PREFERRED BY THE MOTHER OF ACCUSED NO.2 BEFORE THE DY.SP, ADOOR THROUGH EMAIL

//TRUE COPY//

PA TO JUDGE