Aswin Alias Appus vs State Of Kerala
2022 Latest Caselaw 4998 Ker

Citation : 2022 Latest Caselaw 4998 Ker
Judgement Date : 4 May, 2022

Kerala High Court

Aswin Alias Appus 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. 3233 OF 2022
PETITIONER:

              ASWIN ALIAS APPUS
              AGED 22 YEARS
              SON OF PRADEEP, ELAMKAU,
              KIZHAKKANCHERRY, PALAKKAD, PIN - 678010

              BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

              STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
              PIN - 682031

              BY ADV PUBLIC PROSECUTOR



              ADV NEEMA T.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.3233 of 2022
                                2

                    P.V.KUNHIKRISHNAN, J
                  --------------------------------
                       B.A.No.3233 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.19 of 2022 of

Vadakkencherry Police Station. The case is registered against the

petitioner alleging offences punishable under Sections 341, 324,

308, 201 read with 34 of the IPC.

3. The petitioner was arrested on 04.04.2022. The

prosecution case is that on 04.01.2022, at 7.30 pm, the accused

in furtherance of their common intention wrongfully restrained the

defacto complainant using dangerous weapons and attacked him.

4. Heard counsel for the petitioner and the Public

Prosecutor. The counsel for the petitioners submitted that the

petitioner is in custody from 04.04.2022 onwards. It was also B.A.No.3233 of 2022

submitted that the petitioners are ready to abide any conditions, if

this Court grant him bail. The Public Prosecutor seriously opposed

the grant of bail. After hearing both sides, I think, the bail

application can be allowed on stringent conditions. The petitioner

is in custody from 04.04.2022 onwards. The investigation of the

case is in its final stage. Considering the facts and circumstances

of the case the bail application can be allowed imposing stringent

conditions.

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 B.A.No.3233 of 2022

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 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. Petitioner shall not leave India without B.A.No.3233 of 2022

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 they

suspected.

5. 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