Kerala High Court
Majeesh 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. 2203 OF 2022
CRIME NO.2854/2021 OF KOTTARAKKARA POLICE STATION, KOLLAM
PETITIONER:
MAJEESH.C.T
AGED 29 YEARS
SON OF THANKAMANI, CHAMMINI HOUSE,
ATHIPOTTA, THAROOR, ALATHUR, PALAKKAD, PIN - 678544
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.SMT.SREEJA V, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, ALONG WITH BAIL APPLICATION NOS.2205/2022, 2206/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2203, 2205 and 2206 of 2022
2
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. 2205 OF 2022
CRIME NO.2232/2021 OF VAIKOM POLICE STATION, KOTTAYAM
PETITIONER:
MAJEESH
AGED 29 YEARS
SON OF THANKAMANI, CHAMMINI HOUSE,
ATHIPOTTA, THAROOR, ALATHUR,
PALAKKAD, PIN - 678544
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, PIN - 682031
BY ADV. SMT.SREEJA V, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 04.05.2022, ALONG WITH BAIL APPLICATION
NOS.2203/2022 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2203, 2205 and 2206 of 2022
3
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. 2206 OF 2022
CRIME NO.193/2022 OF PUNALUR POLICE STATION, KOLLAM
PETITIONER:
MAJEESH
AGED 29 YEARS
SON OF THANKAMANI, CHAMMINI HOUSE,
THAROOR, ALATHUR, PALAKKAD, PIN - 678544
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, PIN - 682031
BY ADV. SMT.SREEJA V, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 04.05.2022, ALONG WITH BAIL APPLICATION
NOS.2203/2022 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2203, 2205 and 2206 of 2022
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P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.Nos.2203, 2205 and 2206 of 2022
-------------------------------
Dated this the 4th day of May, 2022
ORDER
These Bail Applications are filed under
Section 439 of Criminal Procedure Code.
2. Petitioner in these three bail applications
is the same but he is involved in different crimes
in different police stations. The petitioner is the
accused in Crime No.2854 of 2021 of
Kottarakkara Police Station, Crime No.2232 of
2021 of Vaikom Police Station and Crime No.193
of 2022 of Punalur Police Station.
3. The prosecution case in all the cases are
similar. According to the prosecution, the
accused got acquaintance with the defacto
complainants in these cases through face book
and demanded the defacto complainants vehicles
B.A.Nos.2203, 2205 and 2206 of 2022
in connection with the employment of the
accused and obtained the same as per a written
agreement for a period undertaking to return the
vehicle on a specific date. It is stated that the
vehicles were not returned. Hence it is alleged
that the accused committed offences under
Section 420 IPC.
4. Heard counsel for the petitioner and the
Public Prosecutor. The counsel for the petitioner
submitted that even if the entire allegations are
accepted, the offence under Section 420 of the
IPC is not made out. The counsel for the
petitioner submitted that the petitioner is ready
to abide any conditions, if this Court grant him
bail. The learned Public Prosecutor seriously
opposed the bail application. The Public
Prosecutor submitted that the petitioner was
arrested in B.A.2203/2022 on 20.02.2022, in
B.A.No.2205/2022 on 2.03.2022 and in
B.A.Nos.2203, 2205 and 2206 of 2022
B.A.No.2206/2022 on 20.02.2022. The Public
Prosecutor submitted that the petitioner
committed similar offences and several cases are
pending against the petitioner. It is true that the
allegation against the petitioner is very serious.
The petitioner is in custody in the above cases
from February 2022 onwards. In the light of the
facts and circumstances of the case and also in
the light of the fact that the petitioner is in
custody for the last several days, 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
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
B.A.Nos.2203, 2205 and 2206 of 2022
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. 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
B.A.Nos.2203, 2205 and 2206 of 2022
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. Petitioner shall not leave
India without permission of the
jurisdictional Court.
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. If any of the above
conditions are violated by the
petitioner, the jurisdictional Court
B.A.Nos.2203, 2205 and 2206 of 2022
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.Nos.2203, 2205 and 2206 of 2022
APPENDIX OF BAIL APPL. 2205/2022
PETITIONER'S ANNEXURES
ANNEXURE1 CITIZEN COPY OF THE
F.I.R.NO.2232/2021 OF VAIKOM POLICE
STATION, KOTTAYAM DATED 02.10.2021
B.A.Nos.2203, 2205 and 2206 of 2022
APPENDIX OF BAIL APPL. 2206/2022
PETITIONER ANNEXURES
ANNEXURE1 CITIZEN COPY OF THE
F.I.R.NO.193/2022 OF PUNALOOR
POLICE STATION, KOLLAM RURAL
B.A.Nos.2203, 2205 and 2206 of 2022
APPENDIX OF BAIL APPL. 2203/2022
PETITIONER ANNEXURES
ANNEXURE1 CITIZEN COPY OF THE
F.I.R.NO.2854/2021 OF KOTTARAKKARA
POLICE STATION, KOLLAM RURAL DATED
16.12.2021
//TRUE COPY//
PA TO JUDGE
