Rahul @ Appu vs State Of Kerala
2022 Latest Caselaw 4995 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. 3244 OF 2022
PETITIONERS:

     1       RAHUL @ APPU
             AGED 24 YEARS
             CHARUVILA VEEDU,
             EZHIPURAM, PARIPPALLY P.O
             KOLLAM 691574, PIN - 691574
     2       SANJITH
             AGED 21 YEARS
             CHIRAYILPUTHENVEEDU,
             EZHIPURAM, PARIPPALLY P.O
             KOLLAM 691574, PIN - 691574
     3       VIVEK @UNNIKKUTTAN
             AGED 25 YEARS
             MANIKANDA VILASAM
             EZHIPURAM, PARIPPALLY P.O
             KOLLAM 691574, PIN - 691574
     4       VIPIN @KUKKU
             AGED 21 YEARS
             MANIKANDA VILASAM
             EZHIPURAM, PARIPPALLY P.O
             KOLLAM 691574, PIN - 691574
             BY ADVS.
             M.R.SASITH
             R.K.CHIRUTHA
             RAJITHA V.K
             NEELANJANA NAIR
             BHAVANA K.K
             PREETI S.
             VISHNUMAYA M.B.


RESPONDENT/S:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             BY ADV PUBLIC PROSECUTOR
 B.A.No..3244 of 2022
                                 2
          ADV SREEJA V- 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..3244 of 2022
                                    3

                     P.V.KUNHIKRISHNAN, J
                  --------------------------------
                      B.A.No..3244 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.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 r/w 149 of the IPC.

3. The prosecution case is that the petitioners and the

others formed themselves into an unlawful assembly and attacked

the defacto complainant, using dangerous weapons.

4. Heard counsel for the petitioner and the Public

Prosecutor. The Counsel for the petitioner submitted that the

petitioners are in custody from 19.04.2022 onwards. The Counsel

also submitted that the petitioners were arrested when their bail

application filed under Section 438 of CrPC was pending. The B.A.No..3244 of 2022

Counsel also submitted that a counter case is also registered in

connection with the same incident. The Public Prosecutor seriously

opposed the grant of bail. It is true that the allegations against the

petitioner are serious. But the petitioners are in custody from

19.04.2022. There is allegation and counter allegation about the

same incident. A counter case is already registered. Considering the

facts and circumstances of the case and also considering that the

petitioners are in custody from 19.04.2022 onwards, the continued

detention of the petitioner is not necessary.

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 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 B.A.No..3244 of 2022

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 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 them 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 B.A.No..3244 of 2022

similar to the offence of which he is accused, or

suspected, of the commission of which they are

suspected

5. The petitioners shall appear before

the Investigating Officer on all Mondays and

Fridays at 10 am till final report is filed.

6. If any of the above 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

Nsd B.A.No..3244 of 2022

APPENDIX OF BAIL APPL. 3244/2022

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. 242/2022 IN CR NO. 242/2022 OF PARIPALLY POLICE STATION DATED 19.04.2022