Kerala High Court
Vijesh V.K vs State Of Kerala on 6 May, 2022
HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
BAIL APPL. NO. 3397 OF 2022
PETITIONERS:
1 VIJESH V.K
AGED 32 YEARS
KINARULLA PARAYULLA PARAMBATH HOUSE, CHEMMARATHUR P.O,
ARYANOOR, VADAKARA, KOZHIKODE, PIN - 673104
2 JITHIN V.K
AGED 28 YEARS
VADAKKE KANDIYIL HOUSE, CHEMMARATHURP.O
ARYANOOR, VADAKARA, KOZHIKODE, PIN - 673104
BY ADVS.
T.K.SANDEEP
ARJUN SREEDHAR
ARUN KRISHNA DHAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV PUBLIC PROSECUTOR
SMT SREEJA V - SR .P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.3397 of 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3397 of 2022
-------------------------------
Dated this the 6th 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.280 of 2022 of
Vadakara Police Station. The above case is registered alleging
offences punishable under Sections 452, 323, 324 & 307 r/w 34
IPC.
3.The prosecution case is that on 15.03.2022 at about
9.30 pm, the accused trespassed to the house and attempted to
murder the defacto complainant's husband. He sustained serious
injuries. The petitioners were arrested on 16.03.2022.
4. Heard counsel for the petitioners and the Public
Prosecutor. The Counsel for the petitioners submitted that the
incident has not happened as alleged by Prosecution. The
B.A.No.3397 of 2022
Counsel submitted that the defacto complainant and party
trespassed into the house of the petitioners. The Counsel
submitted that the petitioners are in custody from 15.03.2022.
The Public Prosecutor seriously opposed the bail application. The
Public Prosecutor submitted that the petitioners are neighbours of
the defacto complainant and if this Court grant bail to the
petitioners, they will create further trouble. The Public Prosecutor
also submitted that serious injuries are sustained by the injured
and the time of offence is 9.30 pm. It is true that the allegations
against the petitioners are very serious. But the petitioners are in
custody from 16.03.2022. Since the petitioners are neighbours to
the defacto complainant, till investigation is over, the petitioners
shall not enter the jurisdictional limit of Vadakara Police Station.
With the above condition, I think the bail application can be
allowed, considering the fact that the petitioners are in custody
from 16.03.2022 onwards.
B.A.No.3397 of 2022
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.
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) with two solvent sureties each
for the like sum each to the satisfaction of the
jurisdictional Court.
2. The petitioners shall appear before the
B.A.No.3397 of 2022
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/her 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
similar to the offence of which they are accused,
or suspected, of the commission of which they
are suspected.
5. Petitioners shall not enter the jurisdictional
limit of Vadakara Police Station for a period of 60
days or till final report is filed, whichever is
B.A.No.3397 of 2022
earlier. The petitioners shall furnish the phone
number and the details of the place where they
are going to reside during the above period to
the jurisdictional Court and to the investigating
officer.
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.3397 of 2022
APPENDIX OF BAIL APPL. 3397/2022
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE ORDER DATED 30.03.2022 IN
CRL.M.C. 522/2022 BY THE SESSIONS COURT
KOZHIKODE
Annexure II A TRUE COPY OF THE ORDER DATED 20.04.2022 IN
CRL.M.C.607/2022 BY THE SESSIONS COURT,
KOZHIKODE
B.A.No.3397 of 2022
APPENDIX OF BAIL APPL. 3397/2022
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE ORDER DATED 30.03.2022 IN
CRL.M.C. 522/2022 BY THE SESSIONS COURT
KOZHIKODE
Annexure II A TRUE COPY OF THE ORDER DATED 20.04.2022 IN
CRL.M.C.607/2022 BY THE SESSIONS COURT,
KOZHIKODE
