Kerala High Court
Akhil @ Shalu vs State Of Kerala on 6 May, 2022
IN THE 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. 3317 OF 2022
CRIME NO.429/2018 OF CHIRAYINKEEZHU POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.4:
AKHIL @ SHALU
AGED 29 YEARS, S/O.PRAKASH
S.S BHAVAN, NEAR PERUMKUZHY VPUPS,
PERUMKUZHY DESAM, AZHOOR VILLAGE,
THIRUVANANTHAPURAM - 695305.
BY ADV M.R.SARIN
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.SMT.SREEJA V, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3317 of 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3317 of 2022
-------------------------------
Dated this the 6th day of May, 2022
ORDER
This Bail Application is filed under Section
439 of Criminal Procedure Code.
2. Petitioner is the 4th accused in Crime
No.429 of 2018 of Chirayinkeezhu Police Station.
The above case is registered against the
petitioner and others alleging offences punishable
under Sections 341, 294(b), 323, 324, 326, 307,
201 r/w 34 IPC. Petitioner was arrested on
24.03.2022 and from that date onwards he is in
custody.
3.The prosecution case is that due to
previous animosity towards one Mr.Mukesh, who
is the brother of the de facto complainant, the
accused in furtherance of their common intention
B.A.No.3317 of 2022
to commit murder of Mukesh, wrongfully
restrained him and attacked him. It is alleged
that the de facto complainant sustained very
serious injuries.
4. Heard counsel for the petitioner and the
Public Prosecutor. The counsel for the petitioner
submitted that the petitioner is in custody from
24.03.2022 onwards. The counsel also submitted
that the main allegation is against the other
accused and the petitioner is only the 4 th accused.
The counsel submitted that the petitioner is ready
to abide any conditions if this Court grant him
bail. The learned Public Prosecutor seriously
opposed the bail application. It is true that the
allegation against the petitioner and the other
accused are very serious. But on going through
the prosecution case, the serious allegation is
against the other accused. Petitioner is the 4 th
accused. Petitioner is in custody from 24.03.2022
B.A.No.3317 of 2022
onwards. Indefinite incarceration of the petitioner
is not necessary in the facts and circumstances of
this case. Petitioner can be directed to appear
before the Investigating officer till final report is
filed. With the above condition, the bail
application can be allowed.
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
B.A.No.3317 of 2022
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 him/her from disclosing
B.A.No.3317 of 2022
such facts to the Court or to any
police officer.
3. Petitioner shall not leave
India without 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 he is suspected.
5. Petitioner 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
petitioner, the jurisdictional Court
can cancel the bail in accordance
to law, even though the bail is
B.A.No.3317 of 2022
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
DM
B.A.No.3317 of 2022
APPENDIX OF BAIL APPL. 3317/2022
PETITIONER ANNEXURES
ANNEXUREA1 TRUE COPY OF THE FIR IN CRIME NO.
429/2018 OF CHIRAYINKEEZHU POLICE
STATION
ANNEXUREA 2 CERTIFIED COPY OF ORDER INCMP NO.
850/2022 BEFORE THE HON'BLE
TEMPORARY JUDICIAL FIRST CLASS
MAGISTRATE, ATTINGAL DATED
29.03.2022
//TRUE COPY//
PA TO JUDGE
