Kerala High Court
Rahul Manoj 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. 3337 OF 2022
PETITIONERS/ACCUSED NO.1 TO 3:
1 RAHUL MANOJ
AGED 26 YEARS
RAHUL MANOJ,
AGED 26 YEARS, S/O MANOJKUMAR,
SANKARAMANGALAM THAZHCHAYIL HOUSE,
CROSS JUNCTION, THIRUVALLA,
PATHANAMTHITTA DISTRICT , PIN - 689101
2 SUBIN ALEXANDER
AGED 25 YEARS
SUBIN ALEXANDER, AGED 25 YEARS,
S/O ALEXANDER CHACKO,
PAPPANAVELIL HOUSE,
KUTTAPZHA VILLAGE,
PATHANAMTHITTA DISTRICT
PIN - 689103
3 NANDU NARAYANAN
AGED 26 YEARS
S/O NARAYANANKUTTY,
MANAKKATTU HOUSE, KUNNAMTHANAM,
PATHANAMTHITTA DISTRICT , PIN - 689581
BY ADVS.
M.KIRANLAL
R.RAJESH (VARKALA)
MANU RAMACHANDRAN
T.S.SARATH
SAMEER M NAIR
GEETHU KRISHNAN
HARSHA SUSAN SAM
SABIKH MOHAMMED V.S
V.M.VISHNU MOHAN
RESPONDENTS/COMPLAINANT/STATE:
BAIL APPL. NO. 3337 OF 2022
2
THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
ADV. SREEJA V- SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 04.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3337 OF 2022
3
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3337 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.516 of 2022 of Thiruvalla Police Station. The
above case is registered against the petitioners
alleging offences punishable under Sections 153,
326A, 324 and 341 r/w 34 IPC. Petitioners were
arrested on 10.04.2022 and they are in custody
from that date onwards.
3.The prosecution case is that during the
Palm Sunday Procession of the Thukalassery Latin
Catholic Church, the accused with the intention of
spoiling the divine atmosphere and for
BAIL APPL. NO. 3337 OF 2022
purposefully obstructing the smooth conduct of
the procession on 10.04.2022 at 9.30 AM
intentionally drove a car bearing Registration
No.KL 33-7772 through the middle of the
procession. It is also alleged that the accused
shouted at the complainant and triggered a
pepper spray on the face of the complainant and
his friend. Hence it is alleged that the accused
committed the offence.
4. Heard counsel for the petitioners and the
Public Prosecutor. The counsel for the petitioner
submitted that the petitioners have not committed
the offence. The counsel submitted that the
petitioners are in custody from 10.04.2022
onwards. The counsel also submitted that the
petitioners are ready to abide any conditions if
this Court grant them bail. The learned Public
Prosecutor seriously opposed the bail application.
BAIL APPL. NO. 3337 OF 2022
The Public Prosecutor submitted that the
petitioners have got criminal antecedents. It is
true that the allegation against the petitioners are
very serious. But the petitioners are in custody
from 10.04.2022 onwards. In the facts and
circumstances of the case, there can be a
direction to the petitioners not to enter the
jurisdictional limit of Thiruvalla Police Station for a
period of 60 days or till the final report is filed. If
there is any specific reason to enter the
jurisdictional limit of Thiruvalla Police Station, the
petitioners are free to file appropriate application
before the jurisdictional court and the
jurisdictional court shall consider the same in
accordance to law. With the above condition, the
bail application can be allowed.
5. Moreover, it is a well accepted principle
that the bail is the rule and the jail is the
BAIL APPL. NO. 3337 OF 2022
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.
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
BAIL APPL. NO. 3337 OF 2022
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
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.
BAIL APPL. NO. 3337 OF 2022
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 not
enter the jurisdictional limit of
Thiruvalla Police Station for a
period of 60 days or till the final
report is filed in the above case.
Petitioners shall give the Phone
Number and the details of the
place where they are going to
reside during the above period.
6. If any of the above
conditions are violated by the
petitioners, the jurisdictional
BAIL APPL. NO. 3337 OF 2022
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
BAIL APPL. NO. 3337 OF 2022
APPENDIX OF BAIL APPL. 3337/2022
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.
516/2022 OF THIRUVALLA POLICE
STATION, PATHANAMTHITTA DISTRICT
ANNEXURE A2 A TRUE COPY OF THE ORDER IN
CRL.M.P. NO.653/2022 DATED
21.04.2022 BY THE JFMC, THIRUVALLA
//TRUE COPY//
PA TO JUDGE
