Kerala High Court
Aji 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. 3200 OF 2022
PETITIONER/S:
AJI
AGED 34 YEARS
CHIRAYILPUTHENVEEDU,
EZHIPURAM, PARIPPALLY P.O
KOLLAM 691574, PIN - 691574
BY ADVS.
M.R.SASITH
NEELANJANA NAIR
R.K.CHIRUTHA
BHAVANA K.K
PREETI S.
RAJITHA V.K
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
ADV VIPIN NARAYAN- SR P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No..3200 of 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No..3200 of 2022
-------------------------------
Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of Criminal
Procedure Code.
2. Petitioner is the accused in Crime No.242 of 2022
of Parippally Police Station. The above case has been registered
against the petitioners alleging offences punishable under Sections
143, 147, 148, 294(b), 323, 324, 307 & 149 of the IPC.
3. The prosecution case is that the petitioner and the
other accused due to previous enmity towards the defacto
complainant, formed themselves into an unlawful assembly and
attacked the defacto complainant, by which he sustained serious
injuries.
4. Heard counsel for the petitioner and the Public
Prosecutor. The Counsel for the petitioner submitted that the
B.A.No..3200 of 2022
petitioner is under custody from 14.04.2022 onwards. The Counsel
also submitted that a counter case is also registered in relation to
the same incident. The Counsel submitted that the petitioner is
ready to abide any condition that this Court grant him bail. The
Public Prosecutor seriously opposed the grant of bail.
5. 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 and refusal is the exception
so as to ensure that the accused has the opportunity of securing
fair trial. It is true that the allegation against the petitioner is
serious. A counter case is already registered in connection with the
very same incident. There are allegations and counter allegations
about the same incident. This Court is not in a position to decide
the correctness of the allegations at this stage. But considering the
facts and circumstances of the case and considering the period of
B.A.No..3200 of 2022
detention and considering the dictum laid down in the above
decision the petitioner can be released on bail 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..3200 of 2022
4. Petitioner shall not commit any offence
similar to the offence of which they are accused or
suspected of the commission of which they
suspected.
5. Petitioner shall appear before the
Investigating Officer on all Mondays till final report
is filed.
6. 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
Nsd
B.A.No..3200 of 2022
APPENDIX OF BAIL APPL. 3200/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF FIR IN CRIME NO:242/2022 OF
PARIPPALLY POLICE STATION
Annexure A2 TRUE COPY OF FIR IN CRIME NO:246/2022 OF
PARIPPALLY POLICE STATION
Annexure A3 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE
COURT OF FIRST CLASS MAGISTRATE, SOUTH
PARAVUR, KOLLAM IN CMP NO. 229/2022 IN CR NO.
242/2022 OF PARIPALLY POLICE STATION DATED
18.04.2022
