Kerala High Court
Prajith 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. 3153 OF 2022
CRIME NO.415/2022 OF Pandalam Police Station,
Pathanamthitta
APPLICANTS/ACCUSED 6 & 7
1 PRAJITH
AGED 27 YEARS
S/O. CHANDRANADAN, PRAJITH BHAVANAM,
PADUKOTTAKKAL MURI, PANDALAM THEKKEKARA,
PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689501
2 NITHIN
AGED 27 YEARS
S/O. SASI, SALINI BHAVANAM, PADUKOTTAKKAL MURI,
PANDALAM THEKKEKKARA VILLAGE, PANDALAM,
PATHANAMTHITTA, PIN - 689501
BY ADVS.
NOBEL RAJU
C.R.JAYAKUMAR
RESPONDENT/COMPLAINANT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
REPRESENTING THE SHO, PANDALAM POLICE STATION
PATHANAMTHITTA 682031
BY SR PUBLIC PROSECUTOR, SRI. VIPIN NARAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 3153 OF 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3153 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 accused Nos.6 and 7 in Crime No.415
of 2022 of Pandalam Police Station. The above case is
registered against the petitioners and others alleging
offences punishable under Sections 120(B), 144, 324,
326, 307 and 506(ii) read with Section 149 IPC.
Petitioners were arrested on 08.04.2022 and they are in
custody.
3. The prosecution case is that the accused
persons due to previous enmity towards the defacto
BAIL APPL. NO. 3153 OF 2022
complainant's brother, conspired to commit grievous
hurt and formed themselves into an unlawful assembly,
in prosecution of their common object, attacked the
defacto complainant's brother on 05.04.2022 at 11.30
p.m.
4. Heard counsel for the petitioners and the Public
Prosecutor. The counsel for the petitioners submitted
that the petitioners are in custody from 08.04.2022
onwards. The counsel submitted that the petitioners
are ready to abide any conditions if this Court grant
them bail. The counsel for the petitioners also
submitted that there is no serious overt act alleged
against the petitioners. The Public Prosecutor seriously
opposed the bail application. The Public Prosecutor
submitted that the investigation is going on and if the
petitioners are released on bail, that will affect the
investigation. It is true that the allegations against the
BAIL APPL. NO. 3153 OF 2022
petitioners are very serious. But the petitioners are in
custody from 08.04.2022 onwards. The petitioners are
accused Nos.6 and 7. There is no serious overt act
against the petitioners. Considering the facts and
circumstances of the case and also considering the fact
that the petitioners are in custody from 08.04.2022
onwards, they can be released on bail on 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 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.
BAIL APPL. NO. 3153 OF 2022
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 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 from disclosing
BAIL APPL. NO. 3153 OF 2022
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 similar to the offence of which
they are 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 a.m. till final
report is filed in the above case.
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
BAIL APPL. NO. 3153 OF 2022
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
hmh
